State v. Wise

Supreme Court of Louisiana

State v. Wise

684 So. 2d 408, 1996 La. LEXIS 3446, 1996 WL 707482

CourtSupreme Court of Louisiana

DecidedDecember 6, 1996

DocketNo. 94-KH-2993

StatusPublished

Cited by2 cases

This text of 684 So. 2d 408 (State v. Wise) 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. Wise, 684 So. 2d 408, 1996 La. LEXIS 3446, 1996 WL 707482 (La. 1996).

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Opinion

In re Wise, Kevin; — Defendant(s);. applying for supervisory and/or remedial writ; to the Court of Appeal, Fourth Circuit, No. 93KA-0105; Parish of Orleans, Criminal District Court, Div. “J”, No. 358-790.

Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel for relator for purposes of conducting an evidentiary hearing at which it will determine whether relator was wearing identifiable prison garb at trial, and if so, whether his attorney’s failure timely to raise the issue at trial constitutes ineffective assistance of [409]*409counsel under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See State ex rel. Young v. Whitley, 92-3022 (La. 4/22/94), 637 So.2d 147; State v. Roche, 94-0300 (La. 6/28/96), 675 So.2d 1101; State ex rel. Martin v. State, 94-1526 (La. 9/20/96), 679 So.2d 414.

VICTORY, J., not on panel.

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In re Wise, Kevin; — Defendant(s);. applying for supervisory and/or remedial writ; to the Court of Appeal, Fourth Circuit, No. 93KA-0105; Parish of Orleans, Criminal District Court, Div. “J”, No. 358-790.

Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel for relator for purposes of conducting an evidentiary hearing at which it will determine whether relator was wearing identifiable prison garb at trial, and if so, whether his attorney’s failure timely to raise the issue at trial constitutes ineffective assistance of [409]*409counsel under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See State ex rel. Young v. Whitley, 92-3022 (La. 4/22/94), 637 So.2d 147; State v. Roche, 94-0300 (La. 6/28/96), 675 So.2d 1101; State ex rel. Martin v. State, 94-1526 (La. 9/20/96), 679 So.2d 414.

VICTORY, J., not on panel.

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Bluebook (online)

684 So. 2d 408, 1996 La. LEXIS 3446, 1996 WL 707482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wise-la-1996.

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