State of Louisiana v. Jamal D. Horton
This text of State of Louisiana v. Jamal D. Horton (State of Louisiana v. Jamal D. Horton) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA * NO. 2024-KA-0458
VERSUS * COURT OF APPEAL
JAMAL D. HORTON, ET AL * FOURTH CIRCUIT
* STATE OF LOUISIANA
*
* *******
SCJ JENKINS, J., CONCURS IN PART AND DISSENTS IN PART
I concur with the majority opinion to affirm defendants’ convictions for
second degree murder and to vacate the sentences to remand for resentencing.
However, with reference to Defendant Meyers, I dissent from the majority’s
finding that Defendant Meyers’ claim of ineffective assistance lacked merit.
An ineffective assistance of counsel claim is properly raised in an
application for post-conviction relief in the district court where a full evidentiary
hearing on the matter may be conducted. See State v. Brown, 2016-0965, p. 17
(La. App. 4 Cir. 5/3/17), 219 So.3d 518, 531. Although the majority notes an
appellate court may consider an ineffective assistance of counsel claim if the
record contains sufficient information to decide the claim, here, I find the present
record is deficient to determine whether trial counsel’s representation prejudiced
Defendant Meyers. Accordingly, I would defer the merits of Defendant Meyers’
ineffective assistance of counsel claim for consideration as an application for post-
conviction relief.
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State of Louisiana v. Jamal D. Horton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-jamal-d-horton-lactapp-2025.