STATE v. LANEHEART (2019)

Court of Appeal of Louisiana, Fourth Circuit.

STATE of Louisiana v. Erice LANEHEART

NO. 2018-K-1031

Decided: May 08, 2019

(Court composed of Judge Edwin A. Lombard, Judge Regina Bartholomew-Woods, Judge Paula A. Brown)

Leon Cannizzaro, District Attorney, Donna Andrieu, Assistant District Attorney, Office of the District Attorney, 619 S. White Street, New Orleans, Louisiana 70119, COUNSEL FOR STATE OF LOUISIANA Erice Laneheart #421361, Main Prison Walnut 4 Louisiana State Penitentiary, Angola, Louisiana 70712, COUNSEL FOR DEFENDANT/PRO SE

ON APPLICATION FOR REHEARING

ON REHEARING

On rehearing granted, we have reviewed the pro se relator's supplemental brief, as well as the transcript of the evidentiary hearing held August 20, 2018, on the relator's application for post-conviction relief. The relator's trial counsel explained at the hearing in detail his fruitless efforts to locate the alleged (still-undiscovered) eyewitness who would provide exculpatory testimony. Based upon this testimony, we do not find that the district court erred in concluding that the relator had not demonstrated that he received constitutionally ineffective assistance of counsel.¹ Accordingly, the relator's writ application is denied.

FOOTNOTES

1. The court stated in its ruling, “I was well-satisfied that Mr. Regan did not have actual knowledge of the existence or identity of any person who would have given exonerating testimony.”

Judge Edwin A. Lombard

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