No. 2000-KH-2741 | La. | Dec 7, 2001
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" date_filed="1985-11-18" court="SCOTUS" case_name="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" date_filed="1986-07-18" court="La." case_name="State v. Washington">491 So.2d 1337, 1339 (La.1986). In all other respects, the application is denied.