No. 2016-KP-2150 Precedential Processed

State v. Trahan

Louisiana Supreme Court · Filed August 31, 2018 · 251 So. 3d 406

Authorities cited

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  • 97 So. 3d 994 not in our corpus

Opinion text

PER CURIAM: *407 Writ granted. Relator's claim that counsel provided ineffective assistance at trial, and in particular that counsel erred in failing "to introduce any evidence in support of the hypothesis of innocence proposed by defense counsel [in opening remarks]," as noted by this court on direct review, State v. Trahan , 11-1609, pp. 8-9 (La. 7/2/12), 97 So.3d 994 , 998-999, merits a full evidentiary hearing conducted in accordance with La.C.Cr.P. art. 930. No witnesses testified at the hearing held in the district court and no evidence was presented. Therefore, we are unable to adequately review relator's claim at this time. Accordingly, we remand to the district court to reconsider its ruling after conducting a full evidentiary hearing. REMANDED GUIDRY, J., would deny. CLARK, J., would deny. GENOVESE, J., would deny.