202 So. 3d 488
La.2016Background
- Defendant Nakeith C. Sparkman was convicted by jury (May 9, 2013) of second-degree murder, attempted second-degree murder, aggravated burglary, and being a felon in possession of a firearm; sentenced to life plus consecutive terms.
- Direct appeal affirmed by the Fifth Circuit Court of Appeal, State v. Sparkman, with only one count remanded for resentencing.
- Sparkman filed a pro se application for post-conviction relief (filed June 8, 2015) raising four claims: (1) ineffective assistance of trial and appellate counsel, (2) failure to raise a Batson claim, (3) unlawful arrest in Orleans Parish on a Jefferson Parish warrant, and (4) improper bolstering of a witness by the state.
- State conceded timeliness but raised procedural bars to certain claims; district court reviewed each claim on the merits or as procedurally barred.
- District court denied relief: found no Strickland deficiency or prejudice for counsel claims, Batson claim unsupported by the record, arrest claim procedurally barred, and bolstering claim meritless because the jury was informed of the witness’s criminal history.
- Louisiana Supreme Court per curiam denied relief, concluding relator failed to show ineffective assistance under Strickland and that remaining claims were repetitive or unsupported; post-conviction relief is now exhausted absent narrow statutory exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of trial and appellate counsel | Naquin (trial) and Haynes (appeal) provided constitutionally deficient representation that prejudiced outcome | Counsel performed competently; appellate counsel not required to raise every issue; record shows zealous representation | Denied — petitioner failed to establish Strickland deficiency and prejudice |
| Failure to raise Batson claim | Counsel should have objected to peremptory strikes of four black jurors | Record contains no juror race information and petitioner failed to prove the Batson steps; counsel not ineffective for strategic choices | Denied — Batson claim unsupported and counsel not deficient |
| Arrest in Orleans Parish on Jefferson Parish warrant | Arrest violated LSA-C.Cr.P. art. 207, denying due process/equal protection | Claim was known pretrial and is procedurally barred under La.C.Cr.P. art. 930.4 and not among exclusive post-conviction grounds | Denied as procedurally barred |
| Improper bolstering of witness | Prosecution improperly bolstered Timothy Guillot’s credibility | Trial transcript disclosed Guillot’s criminal record and deals; jury was informed and could weigh credibility | Denied — no impropriety shown; claim unsupported |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory strikes based on race violate equal protection)
- Evitts v. Lucey, 469 U.S. 387 (1985) (appellate counsel not required to raise every nonfrivolous issue)
- Jones v. Barnes, 463 U.S. 745 (1983) (appellate counsel may winnow issues; strategic choices entitled to deference)
- State v. Washington, 491 So.2d 1337 (La. 1986) (Louisiana application of Strickland principles)
- State v. Legrand, 864 So.2d 89 (La. 2003) (reaffirming Strickland standard)
- State v. Green, 655 So.2d 272 (La. 1995) (explaining Batson burden-shifting)
- Soler v. State, 636 So.2d 1069 (La. App. 5th Cir. 1994) (deference to counsel’s professional judgment)
- United States v. Phillips, 210 F.3d 345 (5th Cir. 2000) (prejudice for appellate-ineffective-assistance claim requires showing the appellate court would have granted relief)