State v. Brooks

Supreme Court of Louisiana
State v. Brooks, 810 So. 2d 1150 (La. 2002)
2002 La. LEXIS 772; 2002 WL 459454

State v. Brooks

Opinion of the Court

In re Brooks, Mitchell;- — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 401-101; to the Court of Appeal, Fourth Circuit, No. 2000-KA-0193.

Denied. However, because the court of appeal’s direct review of relator’s eonviction and sentence did not address the merits of his claim that counsel rendered ineffective assistance at trial, and deferred consideration of the claim to post-conviction proceedings, relator may reurge the claim in an application for post conviction relief properly filed in the district court. La.C.Cr.P. art. 926(A); cf. La.C.Cr.P. art. 930.4(A) and (C) (permitting district court to default claims fully litigated on appeal or inexcusably omitted from the appeal).

Reference

Full Case Name
STATE of Louisiana v. Mitchell BROOKS
Status
Published