STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0418 VERSUS

WILLIE POGUE JULY 20, 2020

In Re: Willie Pogue, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 980- 480.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. The fact that counsel did not request that the transcribe the clerk of court jury selection proceedings does not qualify as discovery of a new fact for purposes of the exception to the time limit set out in La. Code Crim. P. art. 930. 8( A). See also La. Code Crim. P. art. 930. 4( E). Because the substantive claim has no merit, relator' s contention that appellate counsel was ineffective for failing to raise the issue on appeal also has no merit. See State v. Williams, 613 So. 2d 252, 256- 57 ( La. App. 1st Cir. 1992).

PMC JEW GH

COURT OF APPEAL, FIRST CIRCUIT

bEPUTY ERK OF COURT FOR THE COURT