Supreme Court of Louisiana, 1999

State ex rel. Magee v. State

Supreme Court of Louisiana · Decided October 1, 1999 · Calogero, Grant, Hearing, Johnson, Kimball, Lemmon

747 So. 2d 1136; 1999 La. LEXIS 2436; 1999 WL 805646 (Southern Reporter, Second Series)

Concurring Opinion

JOHNSON, J.,

would grant in part. Case should be remanded to the trial court for hearing to determine whether failure to sever constituted ineffective assistance of counsel.

Opinion of the Court

IN RE: Magee, Otis Y.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Jefferson 24th Judicial District Court Div. “E” Number 93-4846; to the Court of Appeal, Fifth Circuit, Number 98-KH-0907

Denied.

CALOGERO, C.J. and LEMMON, J., would grant an evidentiary hearing. KIMBALL, J., not on panel.

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