STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 xw 0853

VERSUS

ALFRED SCALES OCTOBER 26, 2020

In Re: Alfred Scales, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08- 12- 0338.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED. In accord with State v. Scales, 2018- 01681 La. 7/ 17/ 20), 298 Sc. 3d 155, relator was given an opportunity to file a new writ application and supplement it with documents that support the claims set forth in the application for postconviction relief. Yet, the instant writ application is devoid of any evidence that would support relator' s allegations.

Therefore, we are constrained to conclude that relator failed to meet his burden of proving his attorney was ineffective for failing to investigate under Strickland v. Washington, 466 U. S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 574 ( 1984).

VGW JEW WRC

C;' F APPEAL, FIRST CIRCUIT f

DEPUTY CL , X OF COURT FOR THE COURT