State ex rel. Sellers v. State

Supreme Court of Louisiana

State ex rel. Sellers v. State

85 So. 3d 1232, 2012 WL 1537829, 2012 La. LEXIS 1206

CourtSupreme Court of Louisiana

DecidedApril 20, 2012

DocketNo. 2011-KH-1673

StatusPublished

Cited by1 cases

This text of 85 So. 3d 1232 (State ex rel. Sellers 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. Sellers v. State, 85 So. 3d 1232, 2012 WL 1537829, 2012 La. LEXIS 1206 (La. 2012).

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Opinion

In re Sellers, Dannon;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. G, No. 08-234,909; to the Court of Appeal, Third Circuit, No. KH 10-00853.

| , Writ granted; relief denied. Although the court of appeal erred when it concluded that “all pretrial non-jurisdictional defects, which includes pre-plea ineffective assistance of counsel in this case, were waived when [rjelator pled guilty,” a review of relator’s post-conviction application reveals that he has failed to establish that his counsel’s performance during plea bargaining requires reversal of his conviction under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See, e.g., State v. West, 09-2810 (La.12/10/10), 50 So.3d 148. Accordingly, no relief is due.

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In re Sellers, Dannon;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Martin, 16th Judicial District Court Div. G, No. 08-234,909; to the Court of Appeal, Third Circuit, No. KH 10-00853.

| , Writ granted; relief denied. Although the court of appeal erred when it concluded that “all pretrial non-jurisdictional defects, which includes pre-plea ineffective assistance of counsel in this case, were waived when [rjelator pled guilty,” a review of relator’s post-conviction application reveals that he has failed to establish that his counsel’s performance during plea bargaining requires reversal of his conviction under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See, e.g., State v. West, 09-2810 (La.12/10/10), 50 So.3d 148. Accordingly, no relief is due.

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Bluebook (online)

85 So. 3d 1232, 2012 WL 1537829, 2012 La. LEXIS 1206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sellers-v-state-la-2012.

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