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Structural Error or Strickland? Louisiana Supreme Court Clarifies Post-Conviction Review When Counsel Prevents Defendant Testimony

In State v. Jarvis Turner (March 6, 2026), the Louisiana Supreme Court held that when a defendant claims trial counsel prevented him from testifying, the claim is reviewed under Strickland v. Washington’s ineffective assistance framework, not as automatic structural error. Post-conviction counsel must now prove both deficient performance and prejudice to prevail.

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