Opinion
No. 2001-KH-1842
March 8, 2002.
IN RE: Brooks, Mitchell; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, Nos. 401-101; to the Court of Appeal, Fourth Circuit, No. 2000-KA-0193
Denied. However, because the court of appeal' s direct review of relator's conviction and sentence did not address the merits of his claim that counsel rendered ineffective assistance at trial, and deferred consideration of the claim to post-conviction proceedings, relator may reurge the claim in an application for post conviction relief properly filed in the district court. La.C.Cr.P. art. 926 (A); cf. La.C.Cr.P. art. 930.4 (A) and (C) (permitting district court to default claims fully litigated on appeal or inexcusably omitted from the appeal).
BJJ
PFC
CDK
JPV
CDT
CTK
JLW