State Of Louisiana v. Kyle J. Anderson ( 2022 )


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  •                                        STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    STATE        OF   LOUISIANA                                                                    NO.        2021    KW      1554
    VERSUS
    KYLE     JEROME          ANDERSON                                                             FEBRUARY           14,      2022
    In     Re:             Kyle        Jerome          Anderson,        applying        for       supervisory                 writs,
    22nd        Judicial             District        Court,     Parish            of    St.      Tammany,
    No.       593, 531.
    BEFORE:            MCCLENDON,                 WELCH,       AND    THERIOT,        JJ.
    WRIT          DENIED.              When     a    defendant        enters        a     counseled               plea      of
    an
    guilty,                  appellate                court    will  review the quality of counsel' s
    representation                     in deciding             whether the plea should be set aside.
    See     State          v.        West,       2009- 2810 (         La.     12/ 10/ 10),         
    50 So. 3d 148
    ,       149
    per         curiam).                   A     review        of      the        transcripts                and     documents
    attached           to        the       writ       application           reveals     that       relator            failed         to
    establish (             1)       that       counsel' s          performance        fell       below        an     objective
    standard           of        reasonableness                 under       prevailing            professional                 norms
    or (    2)    that           counsel'         s    inadequate           performance           prejudiced               relator
    to     the    extent              that       the    proceedings           were     rendered           unfair           and    the
    convictions                  suspect.          See       Strickland       v.     Washington,              
    466 U. S. 668
    ,
    
    104 S. Ct. 2052
    ,          
    80 L. Ed. 2d 674
     (       1984).          The    documents               further
    refute        the        claims             that     relator       was     confused          as      to    the     terms         of
    the     plea       and           sentencing             agreement        and     that    the      court          improperly
    participated                     in      the        plea        negotiations.                  Accordingly,                   the
    district           court               did        not     err    by      denying         the        application               for
    postconviction                    relief.
    PMc
    JEW
    MRT
    COURT        OF   APPEAL,              FIRST       CIRCUIT
    DEPUTY              L    RK    OF    COURT
    FOR           THE    COURT
    

Document Info

Docket Number: 2021KW1554

Filed Date: 2/14/2022

Precedential Status: Precedential

Modified Date: 2/14/2022