State Of Louisiana v. Phillip Jelks

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STATE OF LOUISIANA NO. 2023 KW 0909

VERSUS

PHILLIP JELKS NOVEMBER 6, 2023

In Re: Jelks, for supervisory writs, 17th
Phillip applying
Judicial District Court, Parish of Lafourche, No.

545208.

BEFORE: THERIOT, PENZATO, AND GREENE, JJ.

WRITDENIED IN PART AND DENIED ON THE SHOWING MADE IN PART.
Relator' s claims concerning defense counsel' s failure to

subpoena witnesses and the failure to secure an expert are

untimely. In addition, they are waived by his unqualified

guilty plea. See State v. Crosby, 338 So. 2d 584, 588 ( La.

1976). The petitioner in an application for postconviction

relief shall have the burden of proving that relief should be
granted. La. Code Crim. P. art. 930. 2. Relator failed to
include a of the Boykin and sentencing transcripts, the
copy
criminal court minutes, and any other documents that might

support his ineffective assistance of counsel at sentencing
claim. Supplementation of this writ application and/ or an

application for rehearing will not be considered. See Uniform

Rules of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9. Any
future filing on the ineffective assistance, of counsel at

sentencing claim should include the entire contents of this
application, the missing items noted above, and a copy of this

ruling.

MRT
ARP

HG

COURT OF APPEAL, FIRST CIRCUIT

L' JEPUTY CLERK OF COURT
FOR THE COURT