Opinion
No. 94-KH-2993.
December 6, 1996.
IN RE: Wise, Kevin; — Defendant(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Fourth Circuit, Number 93KA-0105; Parish of Orleans Criminal District Court Div. "J" Number 358-790
Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel for relator for purposes of conducting an evidentiary hearing at which it will determine whether relator was wearing identifiable prison garb at trial, and if so, whether his attorney's failure timely to raise the issue at trial constitutes ineffective assistance of counsel under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See State ex rel. Young v. Whitley, 92-3022 (La. 4/22/94), 637 So.2d 147; State v. Roche, 94-0300 (La. 6/28/96), ___ So.2d ___; State ex rel. Martin v. State, 94-1526 (La. 9/20/96), ___ So.2d ___.
VICTORY, J. not on panel.