State Of Louisiana v. Rickie Brumfield ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0218
VERSUS
RICKIE BRUMFIELD
MAY 282020
In Re: Rickie Brumfield, applying for supervisory writs, 22nd
Judicial District Court, Parish of Washington, No. 95-
CR2-60089.
BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
WR.IT DENIED ON THE SHOWING MADE. Relator failed to include
the district court's ruling and the state's answer, if any, for
the 2019 application for postconviction relief, the indictment,
the commitment order, all pertinent minute entries and/or
transcripts, and any other portions of the district court record
that might support the claims raised in the instant writ
application. Supplementation of this writ application and/ or an
application for rehearing will not be considered. See Uniform
Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. In the
event relator elects to file a new application with this court,
the application must be filed on or before August 21, 2020. Any
future filing on this issue should include the entire contents
of this application, the missing items noted above, and a copy
of this ruling.
PMc
GH
Welch, J., dissents. I would grant the writ application
and remand the matter to the district court to determine whether
relator's attorney conceded relator's guilt over his objections
in contravention of the holding in McCoy v. Louisiana, ~- U.S.
138 S.Ct. 1500, 1505, 200 L.Ed.2d 821 ( 2018) ("[ A]
defendant has the right to insist that counsel refrain from
admitting guilt, even when counsel's experienced-based view is
that confessing guilt offers the defendant the best chance to
avoid the death penalty.") and, if so, to determine in the first
instance whether McCoy applies retroactively on state collateral
review. See State v. Magee, 2018-0310 ( 12/17/18), So.3d
2018 WL 664 7250. " The Sixth Amendment guarantees to each
criminal defendant ' the Assistance of Counsel for his defense.'"
McCoy, U.S. at 138 S.Ct. at 1507. However, the
autonomy to decide whether to plead guilty remains with the
defendant. Such decisions " are not strategic choices about how
best to achieve a client's objectives; they are choices about
what the client's objectives in fact are." Id., U.S. at
138 S.Ct. at 1508.
COURT OF APPEAL, FIRST CIRCUIT
COURT