State ex rel. Gainey v. State

Supreme Court of Louisiana
State ex rel. Gainey v. State, 791 So. 2d 645 (La. 2001)
2001 La. LEXIS 1173; 2001 WL 498455

State ex rel. Gainey v. State

Opinion of the Court

In re Gainey, Jesse J.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, Nos. 96-5477 & 96-4388; to the Court of Appeal, Fifth Circuit, No. 99-KH-1419.

Writ granted in part; otherwise denied. The district court is ordered to appoint counsel and hold a hearing at which it will determine whether relator’s convictions constitute a double jeopardy violation on the face of the record of the proceedings leading to his guilty plea. See State ex rel. Boyd v. State, 98-0378 (La.10/9/98), 720 So.2d 667; State ex rel. Adams v. Butler, 558 So.2d 552, 553 n. 1 (La. 1990); cf. United States v. Broce, 488 U.S. 563, 575-76, 109 S.Ct. 757, 765, 102 L.Ed.2d 927 (1989). In all other respects the application is denied.

Reference

Full Case Name
STATE ex rel. Jesse J. GAINEY v. STATE of Louisiana
Status
Published