Opinion
NO. 2016 KW 0713
09-22-2016
STATE OF LOUISIANA v. DAVID SCOTT TEMPLE
In Re: David Scott Temple, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 559028. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. Under Louisiana law, a legal presumption exists that a defendant is sane and competent to proceed. See La. R.S. 15:432. The plea colloquy does not reflect that relator lacked the capacity to understand the guilty plea proceedings. Furthermore, the guilty plea transcript reflects that relator understood the nature of the charges against him, and the consequences of the guilty pleas, and he voluntarily and knowingly waived his constitutional rights and entered the counseled guilty pleas. See Godinez v. Moran, 509 U.S. 389, 113 S.Ct. 2680, 125 L.Ed.2d 321 (1993). Moreover, relator's claims that defense counsel failed to investigate the case and failed to subject the State's case to meaningful adversarial testing are waived by relator's unconditioned guilty pleas. See State v. Crosby, 338 So.2d 584 (La. 1976).
JMG
VGW
McClendon, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT