State v. Sheppard

Supreme Court of Louisiana

State v. Sheppard

624 So. 2d 1209, 1993 La. LEXIS 2678, 1993 WL 377469

Supreme Court of Louisiana·Decided September 24, 1993·No. No. 93-K-1573·Published·Cited by 1 cases

Opinion

PER CURIAM.

Granted. This post-conviction relief matter is remanded to the district court for another evidentiary hearing, at which evidence should be allowed relating to the viability of an insanity defense at the time of defendant’s guilty plea, and for reconsideration, in light of such evidence and the previous evidence adduced, of the claim of ineffective assistance of counsel. The court should also consider whether, under the circumstances of defendant’s minimal representation by appointed counsel, there was a “constructive denial” of counsel from which prejudice should be presumed.

KIMBALL, J., not on panel.

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PER CURIAM.

Granted. This post-conviction relief matter is remanded to the district court for another evidentiary hearing, at which evidence should be allowed relating to the viability of an insanity defense at the time of defendant’s guilty plea, and for reconsideration, in light of such evidence and the previous evidence adduced, of the claim of ineffective assistance of counsel. The court should also consider whether, under the circumstances of defendant’s minimal representation by appointed counsel, there was a “constructive denial” of counsel from which prejudice should be presumed.

KIMBALL, J., not on panel.

State v. Sheppard, 624 So. 2d 1209, 1993 La. LEXIS 2678, 1993 WL 377469 (La. 1993).

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Opinion

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