Opinion
NO. 2014 KW 1713
02-02-2015
STATE OF LOUISIANA v. TOMMY DALE ROWELL, SR.
In Re: Tommy Dale Rowell, Sr., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 391588. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. The holdings in Trevino v. Thaler, ___ U.S. ___, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), and Martinez v. Ryan, 566 U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), do not apply to relator's postconviction claim of ineffective assistance of counsel made in state district court. Accordingly, the trial court did not err in dismissing relator's "motion to re-open the case." See La. Code Crim. P. art. 930.8. See also State v. Deloch, 2013-1975 (La. 5/16/14), 140 So.3d 1167.
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT