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State v. Smith

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Feb 21, 2017
NO. 2016 KW 1486 (La. Ct. App. Feb. 21, 2017)

Opinion

NO. 2016 KW 1486

02-21-2017

STATE OF LOUISIANA v. CLYDE E. SMITH


In Re: Clyde E. Smith, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 600461. BEFORE: PETTIGREW, MCDONALD, AND CALLOWAY, JJ.

WRIT DENIED. Relator failed to meet his burden of proof on each claim, and he failed to prove that the outcome of the case would had been different had counsel performed differently at trial, sentencing, or on appeal. See La. Code Crim. P. art. 930.2. See also Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 2068, 80 L.Ed.2d 674 (1984). Accordingly, the district' court did not err by denying the original and the amended claims for postconviction relief.

JTP

JMM

CAC

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.


Summaries of

State v. Smith

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Feb 21, 2017
NO. 2016 KW 1486 (La. Ct. App. Feb. 21, 2017)
Case details for

State v. Smith

Case Details

Full title:STATE OF LOUISIANA v. CLYDE E. SMITH

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Feb 21, 2017

Citations

NO. 2016 KW 1486 (La. Ct. App. Feb. 21, 2017)