Opinion
NO. 2014 KW 1742
02-23-2015
STATE OF LOUISIANA v. JAMES DAVID ROSS
In Re: James David Ross, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 450000. BEFORE: PETTIGREW, DRAKE AND CHUTZ, JJ.
WRIT DENIED.
JTP
EGD
Chutz, J., dissents in part as to the issue of relator's claim that trial counsel was ineffective for failing to notify him of a plea offer communicated by the state prior to trial. I would remand for the district court to order the district attorney to file any procedural objections, or an answer on the merits, if there are no procedural objections. See Lafler v. Cooper, ___ U.S. ___, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012) and Missouri v. Frye, ___ U.S. ___, 132 S. Ct. 1399, 182 L.Ed.2d 379 (2012), cert. denied, ___ U.S. ___, 132 S.Ct. 1789, 182 L.Ed.2d 615 (2012). In all other respects, I would deny the writ application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT