2009-KH-2810 Precedential Processed

State v. West

Louisiana Supreme Court · Filed December 10, 2010 · 50 So. 3d 148

Ineffective assistance of counsel

Cited by

State Of Louisiana v. Donald Dunn La. Ct. App. 1st Cir. 2025
Robert Taylor Versus State of Louisiana La. Ct. App. 5th Cir. 2025
State Of Louisiana v. Kyle J. Anderson La. Ct. App. 1st Cir. 2022
State v. Davis 273 So. 3d 670 La. Ct. App. 2d Cir. 2019
State v. Cheatham 222 So. 3d 757 La. Ct. App. 1st Cir. 2017
State v. Falgout 198 So. 3d 1232 La. Ct. App. 1st Cir. 2016
State v. Brown 176 So. 3d 761 La. Ct. App. 1st Cir. 2015
State v. Paulson 177 So. 3d 360 La. Ct. App. 1st Cir. 2015
State v. Jenkins 172 So. 3d 27 La. Ct. App. 1st Cir. 2015
State v. Turner 131 So. 3d 106 La. Ct. App. 1st Cir. 2013
State v. Bradley 155 So. 3d 565 La. Ct. App. 2d Cir. 2013
State ex rel. Sellers v. State 85 So. 3d 1232 La. 2012

all 15 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Beatty 391 So. 2d 828
Hoyt v. Wood/Chuck Chipper Corp. 651 So. 2d 1344
City of Alexandria v. Swafford 491 So. 2d 1337

Opinion text

*149 PER CURIAM. 1 [ jWrit granted; relief denied. The court of appeal erred to the extent that it implied that relator’s claim of ineffective assistance of counsel was waived as a “non-jurisdictional defect” by entering guilty pleas to the charged crimes. Established jurisprudence of this Court provides that the Sixth and Fourteenth Amendments and La. Const, art. I, § 2 and § 13 protect a defendant pleading guilty. “When a defendant enters a counseled plea of guilty, this court will review the quality of counsel’s representation in deciding whether the plea should be set aside.” State v. Beatty, 391 So.2d 828, 831 (La.1980); see also State ex rel. Scott v. State, 93-0401 (La.3/16/95), 651 So.2d 1344 . The two-part test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), applies to challenges of guilty pleas based on claims of ineffective assistance of counsel. Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985); State v. Washington, 491 So.2d 1337, 1339 (La.1986). • Nonetheless, a review of the transcripts of the guilty plea, sentencing and the evi-dentiary hearing on relator’s post-conviction application reveals that relator has failed to establish either (1) that counsel’s performance fell below an objective standard of reasonableness under prevailing professional norms; or (2) that counsel’s inadequate performance prejudiced relator to the extent that the proceedings were rendered unfair and the convictions suspect. Accordingly, the district court’s ruling denying relief is upheld. 1 . Kimball, CJ, not participating.