State ex rel. Washington v. State

In re Washington, Eugene; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 99-797; to the Court of Appeal, Fifth Circuit, No. 00-KH-1407. Writ granted in part; otherwise denied. The district court is ordered to appoint counsel and hold a hearing at which it will determine whether relator’s attorney failed to discover that one of relator’s predicate convictions had cleansed under R.S. 14:98(F)(2), and if so whether that failure caused counsel to render ineffective assistance under the test set out in Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985) and State v. Washington, 491 So.2d 1337, 1339 (La.1986). In all other respects, the application is denied.