Opinion
No. 98-KO-2345
January 15, 1999
IN RE: Ayche, Clifton B.; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fifth Circuit, Number 98-KA-0191; Parish of Jefferson 24th Judicial District Court Div. "S" Number 97-2299
Writ granted in part, denied in part. See per curiam.
VICTORY, TRAYLOR and KNOLL, JJ., would deny the writ.
On Writ of Certiorari to the Fifth Circuit Court of Appeal
Writ granted in part; otherwise denied; case remanded to the district court. Given that the only evidence introduced by relator at trial addressed the legality of his investigatory stop, the district court is ordered to appoint counsel for relator for purposes of conducting an evidentiary hearing at which it will determine whether trial counsel's failure to pursue relator's motion to suppress constituted ineffective assistance of counsel under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Relator may again appeal from any adverse ruling on his claim in the district court. In all other respects, the application is denied.