THOMAS v. GUERIN (2022)

Supreme Court of Louisiana.

Elton THOMAS v. Kirt D. GUERIN, Warden

No. 2022-KP-00795

Decided: October 18, 2022

Writ application granted. See per curiam.

Writ granted. The court of appeal's ruling is reversed, and the habitual offender adjudication and enhanced sentence is reinstated. Respondent failed to carry his post-conviction burden of proving entitlement to relief, or otherwise establish a prima facie case sufficient to merit remand for evidentiary hearing on his ineffective assistance of counsel at sentencing claim. See La.C.Cr.P. art. 930.2; Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); cf. State v. Robinson, 19-1330 (La. 11/24/20), 304 So.3d 846.

Genovese, J., concurs in the result. Griffin, J., would grant and remand for an evidentiary hearing.

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