Opinion
No. 2022-KP-00941
11-01-2022
STATE of Louisiana v. Leonidas Dean LOWRY
Writ application denied.
Crichton, J., would grant and docket and assigns reasons.
Griffin, J., would grant and docket for reasons assigned by Justice Crichton.
Genovese, J., recused.
Crichton, J., would grant and docket and assigns reasons:
I would grant and docket this matter to determine whether, after review of the post-conviction record evidence, the defendant's trial counsel rendered ineffective assistance of counsel at sentencing. Where the defendant faces a 65-year sentence as a habitual offender of non-violent crimes, I believe further study is warranted as to whether the defendant's trial counsel failed "to conduct a reasonable investigation into factors which may warrant a downward departure from the mandatory minimum" and to present that information to the district court. State v. Harris , 2018-1012, p. 9 (La. 7/9/20), 340 So. 3d 845, 858. If defendant is able to prove he was provided ineffective assistance of counsel at sentencing that resulted in an excessive sentence, the consequences of denying post-conviction relief would leave defendant "with no real remedy for the denial of the Sixth Amendment right to effective representation during sentencing, a critical stage of the proceedings." Harris , 2018-1012 (La. 7/9/20), 340 So. 3d 845, 863 (Crichton, J., concurring). When a defendant is denied his or her right to effective representation during sentencing, it is my view that we must adhere to the basic constitutional protections of post-conviction relief to proscribe an excessive sentencing that follows. Accordingly, I would vote to grant defendant's application for review and docket this matter such that the Court may review the constitutional challenges presented with the benefit of the record and further briefing.