Opinion
NO. 2018-K-1031
05-08-2019
STATE OF LOUISIANA v. ERICE LANEHEART
Leon Cannizzaro District Attorney Donna Andrieu Assistant District Attorney Office of the District Attorney 619 S. White Street, New Orleans, Louisiana 70119 COUNSEL FOR STATE OF LOUISIANA Erice Laneheart #421361 Main Prison Walnut 4 Louisiana State Penitentiary Angola, Louisiana 70712 COUNSEL FOR DEFENDANT/PRO SE
APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH
NO. 503-735, SECTION "D"
Honorable Paul A Bonin, Judge ON APPLICATION FOR REHEARING (Court composed of Judge Edwin A. Lombard, Judge Regina Bartholomew-Woods, Judge Paula A. Brown) Leon Cannizzaro
District Attorney
Donna Andrieu
Assistant District Attorney
Office of the District Attorney
619 S. White Street, New Orleans, Louisiana 70119
COUNSEL FOR STATE OF LOUISIANA Erice Laneheart #421361
Main Prison Walnut 4 Louisiana State Penitentiary
Angola, Louisiana 70712
COUNSEL FOR DEFENDANT/PRO SE
REHEARING GRANTED
ON REHEARING
On rehearing granted, we have reviewed the pro se relator's supplemental brief, as well as the transcript of the evidentiary hearing held August 20, 2018, on the relator's application for post-conviction relief. The relator's trial counsel explained at the hearing in detail his fruitless efforts to locate the alleged (still-undiscovered) eyewitness who would provide exculpatory testimony. Based upon this testimony, we do not find that the district court erred in concluding that the relator had not demonstrated that he received constitutionally ineffective assistance of counsel. Accordingly, the relator's writ application is denied.
The court stated in its ruling, "I was well-satisfied that Mr. Regan did not have actual knowledge of the existence or identity of any person who would have given exonerating testimony." --------