Opinion
NO. 2017 KW 0219
03-31-2017
STATE OF LOUISIANA v. SAXON ARUS TASSIN
In Re: Saxon Arus Tassin, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 15-032416. BEFORE: WHIPPLE, C.J, GUIDRY AND McCLENDON, JJ.
WRIT DENIED. See La. Code Crim. P. art. 929(A); see also State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172 (per curiam).
PMc
VGW
Guidry, J., dissents in part. Because relator's claim of ineffective assistance of counsel is one which, if established, would entitle him to relief, I find merit in relator's contention that the trial court erred in wholly dismissing his application for postconviction relief on the pleadings, pursuant to La. Code Crim. P. art. 928. See U.S. Const. amend. VI; La. Const. art. I, § 13; see also La. Code Crim. P. art. 930.3(1). Accordingly, I would vacate the trial court's ruling, but only with respect to the ineffective assistance of counsel claim, and order the trial court to determine whether this claim could be summarily dismissed under La. Code Crim. P. art. 929, or whether it would warrant an evidentiary hearing under La. Code Crim. P. art. 930(A). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT