State ex rel. Barze v. State

In re Barze, James; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Tangipahoa, 21st Judicial District Court, Div. “B”, No. 61471; to the Court of Appeal, First Circuit, No. K294 1493. Writ granted in part; otherwise denied; case remanded. The district court is ordered to appoint counsel for relator and hold a hearing at which it will determine whether counsel’s joint representation of relator and co-perpetrator who pled guilty and then testified against relator at trial constituted an actual conflict of interest adversely affecting counsel’s performance. Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980); State v. Ross, 410 So.2d 1388, 1390 (La.1982); State v. Rowe, 416 So.2d 87, 91 (La.1982). In all other respects, the application is denied. JOHNSON, J., not on panel.