Supreme Court of Louisiana, 2015

State ex rel. Polizzi v. State

State ex rel. Polizzi v. State
Supreme Court of Louisiana · Decided August 28, 2015 · Grant, Hughes
175 So. 3d 405; 2015 La. LEXIS 1836; 2015 WL 5286559 (Southern Reporter, Third Series)

State ex rel. Polizzi v. State

Opinion of the Court

In re Polizzi, Andrea; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 508728; to the Court of Appeal, First Circuit, No. 2014 KW 0630.

Denied. By pleading guilty relator relieved the state of its burden of proof. See generally State v. Crosby, 338 So.2d 584, 591 (La. 1976) (“[A] plea of guilty by its nature admits factual guilt and relieves the state of the necessity to prove it by a contested trial.”). Relator also failed to carry her burden post-conviction of proving counsel’s representation fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

See La.C.Cr.P. art. 930.2; see also State v. Washington, 491 So.2d 1337 (1986).

HUGHES, J., would grant.

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