Elton Thomas v. Kirt D. Guerin, Warden

Supreme Court of Louisiana
October 18, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ELTON THOMAS
VS.
KIRT D. GUERIN, WARDEN
No. 2022-KP-00795
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Jefferson, 24th Judicial District Court Number(s) 01-1657, 01-1922, Court
of Appeal, Fifth Circuit, Number(s) 22-KH-83;
_ _ _ _ _ _
October 18, 2022
Writ application granted. See per curiam.
Genovese, J., concurs in the result.
Griffin, J., would grant and remand for an evidentiary hearing.
JBM
JLW
JDH
SJC
WJC
10/18/2022 "See News Release 045 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KP-0795
ELTON
THOMAS
v.
K
IRT D. GUERIN, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
W
rit granted. The court of appeal’ s ruling is reversed, and the habitual
offender adjudication and enhanced sentence is reinstated. Respondent failed to
carry his post- conviction burden of proving entitlement to relief, or otherwise
establish a prima facie case sufficient to merit remand for evidentiary hearing on
his ineffective assistance of counsel at sentencing claim. See La.C.Cr.P. art. 930.2;
Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984);
cf. State v. Robinson, 19-1330 (La. 11/24/20), 304 So.3d 846.
10/18/22