No. 97-KH-2093 Precedential Processed

State v. Grant

Louisiana Supreme Court · Filed October 6, 2000 · 769 So. 2d 1180

Also decided on this docket: La., February 20, 1998 709 So. 2d 765

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Opinion text

PER CURIAM: Writ granted; case remanded. The district court is directed to review its conclusion that relator did not wear clearly identifiable prison garb at trial in light of those portions of trial transcript which show that police witnesses identified relator as wearing a “shirt with O.P.P on it” and an “O.P.P. shirt.” Appellate record at 32; 48. If district court finds that relator did not wear identifiable prison clothing at trial, it should issue a ruling on the record explaining this conclusion. If the court finds that relator did wear identifiable prison clothing at trial, it must comply with this Court’s earlier order, see State v. Grant, 97-2093 (La.2/20/98), 709 So.2d 765 , and determine whether trial counsel’s failure timely to raise the issue at trial constitutes ineffective assistance of counsel under the test set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).