State v. Crawford

176 So. 3d 394, 2015 WL 5840622
CourtSupreme Court of Louisiana
DecidedOctober 2, 2015
DocketNo. 2015-KP-0784
StatusPublished
Cited by6 cases

This text of 176 So. 3d 394 (State v. Crawford) 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 v. Crawford, 176 So. 3d 394, 2015 WL 5840622 (La. 2015).

Opinion

PER CURIAM.

| TDenied. Relator fails to show he was denied the effective assistance of counsel during plea negotiations under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), or that he was denied counsel during a critical stage of the proceedings under United States v. Cronic, 466 U.S. 648, 659 n. 25, 104 S.Ct. 2039, 2047, 80 L.Ed.2d 657 (1984) by the representation of an indigent defender at the hearing at which he pled guilty. Relator also fails to show the state withheld any material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Finally, he has shown no defect in the proceedings resulting in his guilty plea. We attach hereto and make a part hereof the District Court’s written reasons denying relator’s application.

Relator has now folly litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended La.C.Cr.P. art. 930.4 to make the procedural bars ^against successive filings mandatory. Relator’s claims have now been fully litigated in state collateral proceedings in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless relator can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review.

laRULING

On September 17, 2012, Petitioner, Ro-dricus Cortez Crawford, pled guilty to Possession of Marijuana — second offense. Whereupon, Petitioner was sentenced to pay a fine of $500.00 plus court costs, or in the default thereof, to serve sixty (60) days in the parish jail. Additionally, Petitioner was sentenced to one (1) year at hard labor with credit for time served, to run concurrently with any other sentence.

Currently before the court filed on September 17, 2014, is Petitioner’s Application for Post-Conviction Relief, For the reasons that follow, Petitioner’s application is

DENIED.

In Petitioner’s application he raises four claims for relief concerning the validity of his guilty plea: rights to counsel under the 6th Amendment and La. Const. Art 1, § 13 were violated 1) when his guilty plea was entered without representation of counsel, 2) his guilty plea was not entered knowingly, voluntarily and intelligently, 3) the state’s nondisclosure of favorable evidence and 4) the court’s extensive and coercive involvement in plea negotiations with incorrect legal advice.

Petitioner’s first two claims allege ineffective assistance of counsel during his guilty plea. The Louisiana Supreme Court has held that the two-part analysis [395]*395of Strickland v. Washington, 466 U.S. 668 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), relative to ineffective assistance of counsel claims, applies to challenges to guilty pleas based upon ineffective assistance of counsel. State v. Washington, 491 So.2d 1337, 1338 (La.1986); State v. Turner, 2013-0285 (La.App. 4 Cir. 12/4/13, 2-3); 131 So.3d 106, 107-08 (La.Ct.App.2013). To succeed on a claim ineffective assistance of counsel, Petitioner must first satisfy the two prong test set forth by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Petitioner must show that counsel’s performance was deficient, that the deficiency prejudiced him and, that counsel’s error was so serious that it violated Petitioner’s right to effective assistance of counsel as guaranteed by the Sixth Amendment of the U.S. Constitution. Id. at 686, 104 S.Ct. 2052. The defendant must prove actual prejudice before relief I ¿will be granted. It is not sufficient for the defendant to show the error- had some conceivable effect on the • outcome. of the proceedings. Rather, he must show that but for counsel’s unprofessional errors, there is a reasonable probability the out-come would have been different. Id. at 693, 104 S.Ct. 2052. A defendant who pleads guilty and then claims he received ineffective assistance of counsel must first show that counsel’s advice to plead guilty was not within the wide range of competence demanded of attorneys in criminal cases. The defendant must also show that, but for counsel’s erroneous advice, he would have elected to go to trial rather than plead guilty, State v. Wry, 591 So.2d 774, 779 (La.App. 2d Cir.1991), Hill v. Lockhart, 474 U.S. 52, 60, 106 S.Ct. 366, 371, 88 L.Ed.2d 203 (1985), Armstead v. Scott, 37 F.3d 202, 206-207 (5th Cir.1994).

Petitioner’s first claim alleges he was actually or constructively denied counsel at the time he entered his guilty plea. Attorney Michael Enright was appointed to represent Petitioner for the instant charge. On several occasions Mr. Enright was present with Petitioner in court and met with Petitioner on two separate occasions after a plea Offer was extended. In Tucker v. Day, 969 F.2d 155 (5th Cir.La.1992), the court found failure of Petitioner’s appointed counsel, to provide any assistance at resentencing hearing a constructive denial of his‘right to counsel. Here, Petitioner’s case is Unlike Tucker v. Day. Petitioner had counsel present at his guilty plea and was asked if he had any questions for his attorney before pleading guilty. Petitioner answered in the negative. (See Petitioner’s Exhibit L). Petitioner has failed to prove that he was actually or constructively denied counsel during his guilty plea and sentencing hearing. Petitioner’s first claim is DENIED.

Second, Petitioner claims his guilty plea was.not entered Imowingly, voluntarily or intelligently. . This claim is without merit as Petitioner was.adequately advised of his constitutional rights under Boykin v. Alabama, 395 U.S., 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). This court-.found a factual basis for the plea of guilty and that Petitioner freely and voluntarily pled guilty without anyone having forced or coerced him to do so. This court further found that Petitioner understood the nature of the charges against-him and the potential outcomes of Petitioner pleading guilty, (See Petitioner’s Exhibit L). Petitioner was aware of his counsel’s concerns with a conviction in this instant matter regarding his pending murder charge, and Petitioner nevertheless choose to enter a guilty plea. | ^Petitioner has failed to show that his counsel performance was deficient and that the deficiency prejudiced him. Petitioner’s second claim is DENIED.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana Versus Teddy Chester
Louisiana Court of Appeal, 2021
State of Louisiana Versus Dewayne A. Allen
Louisiana Court of Appeal, 2020
State v. Robinson
275 So. 3d 938 (Louisiana Court of Appeal, 2019)
State v. Thornton
242 So. 3d 799 (Louisiana Court of Appeal, 2018)
State v. Meadows
246 So. 3d 639 (Louisiana Court of Appeal, 2018)
State v. Cheatham
222 So. 3d 757 (Louisiana Court of Appeal, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
176 So. 3d 394, 2015 WL 5840622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crawford-la-2015.