Summary
In State ex rel. Martin v. State, 94-1526 (La. 9/20/96), 679 So.2d 414, where it was unclear if an objection was made, the Court remanded the case for a determination of whether an objection was made and, if no objection was found, for a further determination of whether the failure to object constituted ineffective assistance of counsel under the Strickland standard.
Summary of this case from State v. WindingOpinion
No. 94-KH-1526
September 20, 1996
IN RE: Martin, Willie; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "H" Number 304-441; to the Court of Appeal, Fourth Circuit, Number 93KA-0411
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 he was, whether his attorney's failure to timely 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 ___.
BJJ
PFC
JCW
JPV
MARCUS, J. would deny the writ.
LEMMON, J. not on panel.
KIMBALL, J. would deny the writ.
BLEICH, J. would deny the writ.