The opinion
STATE OF LOUISIANA * NO. 2024-KA-0458
VERSUS * COURT OF APPEAL
JAMAL D. HORTON, ET AL * FOURTH CIRCUIT
* STATE OF LOUISIANA
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SCJ JENKINS, J., CONCURS IN PART AND DISSENTS IN PART
I concur with the majority opinion to affirm defendants’ convictions for
second degree murder and to vacate the sentences to remand for resentencing.
However, with reference to Defendant Meyers, I dissent from the majority’s
finding that Defendant Meyers’ claim of ineffective assistance lacked merit.
An ineffective assistance of counsel claim is properly raised in an
application for post-conviction relief in the district court where a full evidentiary
hearing on the matter may be conducted. See State v. Brown, 2016-0965, p. 17
(La. App. 4 Cir. 5/3/17), 219 So.3d 518, 531. Although the majority notes an
appellate court may consider an ineffective assistance of counsel claim if the
record contains sufficient information to decide the claim, here, I find the present
record is deficient to determine whether trial counsel’s representation prejudiced
Defendant Meyers. Accordingly, I would defer the merits of Defendant Meyers’
ineffective assistance of counsel claim for consideration as an application for post-
conviction relief.