Opinion
NO. 2017 KW 1025
10-30-2017
STATE OF LOUISIANA v. BERNELL EARL
In Re: Bernell Earl, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 539204-1. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The district court's ruling denying relator's application for postconviction relief is vacated in part and this matter is remanded to the district court for the sole purpose of holding an evidentiary hearing on relator's claim that his attorney was ineffective for failing to properly question the potential jurors during voir dire. The remaining claims are denied. See State v. Earl, 2017-0661 (La. App. 1st Cir. 7/10/17) (unpublished writ action).
JTP
JMG
Crain, J., dissents in part and would deny the entire writ application. Relator failed to establish a reasonable probability that the outcome of his case would have been different had the relevant jurors been challenged during voir dire. Therefore, relator's claim does not meet the criteria set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT