State Of Louisiana v. Jonathan York ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 1319
VERSUS
JONATHAN DEWAYNE YORK MARCH 15, 2021
In Re: Jonathan Dewayne York, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 05- 11- 0567.
BEFORE: MCDONALD, HOLDRIDGE, AND PENZATO, JJ.
WRIT DENIED. Relator' s claim that his conviction was
obtained with an improperly constituted jury venire is waived by
his failure to raise this issue in a pretrial motion to quash.
See State v. Woods, 2020- 0642 ( La. lst Cir. 11/ 9/ 20), 2020
App.
WL 6558301 ( unpublished); State v. Thornton, 2019- 1029 ( La. App.
1st Cir. 7/ 23/ 20), 2020 WL 4218268 ( unpublished). Furthermore,
if the substantive issue an failed to has
attorney raise no
merit, then the claim the ineffective for
attorney was
failing
to raise the issue also has no merit. State ex rel. Raper v.
Cain, 99- 2173 ( La. App. 1st Cir. 10/ 26/ 99), 763 So. 2d 1, 5( per
curiam), writ denied, 2000- 0975 ( La. 11/ 17/ 00), 773 So. 2d 733.
MR
AHP
Holdridge, J., concurs
and would deny the writ application
on the showing made.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY LERK OF COURT
FOR THE COURT