§ 15:173 — Right of action not created

Louisiana § 15:173

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§173. Right of action not created
A. It is not the intent of the legislature to create any new right, right of action, or
cause of action or eliminate any right, right of action, or cause of action existing under
current law. Nothing in the provisions of this Part shall create, expressly or by implication,
any right, claim, or cause of action in favor of anyone in connection with the delivery of
indigent defender services.
B. In addition to the provisions of Subsection A of this Section, nothing herein, nor
any standards, guidelines, or rules adopted as a result hereof, shall be construed to provide
any criminal defendant the basis of any claim that the attorney or attorneys appointed to
represent him pursuant to this statute performed in an ineffective manner. It shall be
presumptive evidence that any attorney performing criminal defense services pursuant to the
auspices of this statute is currently certified to have met the standards and guidelines adopted
by the board to provide criminal defense services in an effective manner. Nothing contained
herein shall be construed to overrule, expand, or extend, whether directly or by analogy, the
decision reached by the United States Supreme Court in Strickland v. Washington , 466 U.S.
668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) nor its progeny as adopted by the Louisiana
Supreme Court.

Legislative History

Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008.