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140 So. 3d 751

140 So.3d 751

13 La.App.5Cir. 908

State v. Spellman

Louisiana Court of Appeal

Decided April 9, 2014

Louisiana Court of Appeal · decided 2014-04-09

Cited by 2 later decisions — most recently December 2016

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2014-04-09

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¶1ORDER ON REHEARING

¶2This Court granted rehearing on a pro se assignment of error claiming that Applicant was denied his right to the effective assistance of counsel. The original judgment dated April 9, 2014 did not address this error. Ineffective assistance of counsel, however, is most appropriately addressed through an application for post-conviction relief filed in the trial court, where a full evidentiary hearing can be conducted, rather than on direct appeal. Only when the record contains sufficient evidence to rule on the merits of the claim and the issue is properly raised by assignment of error on appeal, may it be addressed in the interest of judicial economy.

¶3We do not find that the instant record contains sufficient evidence to rule on the merits of his claim. If the Applicant seeks to pursue the allegation of ineffective assistance of counsel, he should do so properly through an application for post-conviction relief filed in the trial court.

¶4Accordingly, this request for relief is denied.

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