State ex rel. Polizzi v. State

Supreme Court of Louisiana

State ex rel. Polizzi v. State

175 So. 3d 405, 2015 La. LEXIS 1836, 2015 WL 5286559

CourtSupreme Court of Louisiana

DecidedAugust 28, 2015

DocketNo. 2014-KH-2106

StatusPublished

This text of 175 So. 3d 405 (State ex rel. Polizzi v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Polizzi v. State, 175 So. 3d 405, 2015 La. LEXIS 1836, 2015 WL 5286559 (La. 2015).

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Opinion

In re Polizzi, Andrea; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 508728; to the Court of Appeal, First Circuit, No. 2014 KW 0630.

Denied. By pleading guilty relator relieved the state of its burden of proof. See generally State v. Crosby, 338 So.2d 584, 591 (La.1976) (“[A] plea of guilty by its nature admits factual guilt and relieves the state of the necessity to prove it by a contested trial.”). Relator also failed to carry her burden post-conviction of proving counsel’s representation fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

See La.C.Cr.P. art. 930.2; see also State v. Washington, 491 So.2d 1337 (1986).

HUGHES, J., would grant.

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In re Polizzi, Andrea; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 508728; to the Court of Appeal, First Circuit, No. 2014 KW 0630.

Denied. By pleading guilty relator relieved the state of its burden of proof. See generally State v. Crosby, 338 So.2d 584, 591 (La.1976) (“[A] plea of guilty by its nature admits factual guilt and relieves the state of the necessity to prove it by a contested trial.”). Relator also failed to carry her burden post-conviction of proving counsel’s representation fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

See La.C.Cr.P. art. 930.2; see also State v. Washington, 491 So.2d 1337 (1986).

HUGHES, J., would grant.

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175 So. 3d 405, 2015 La. LEXIS 1836, 2015 WL 5286559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-polizzi-v-state-la-2015.

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