State of Louisiana v. Eric Dominic Nabors

Summary

The Louisiana Second Circuit Court of Appeal reversed the trial court’s order granting Eric Dominic Nabors post-conviction relief and a new trial. The court held that Nabors knowingly waived his constitutional right to testify and failed to overcome the presumption of waiver with sufficient corroborating evidence.

Holdings

1. When a criminal defendant does not take the stand, the law presumes that the defendant knowingly and voluntarily waived the right to testify, absent extraordinary circumstances alerting the trial court to a conflict between attorney and client.
2. Nabors did not rebut the presumption of waiver because he presented only uncorroborated, self-serving testimony and conclusory allegations, without supporting affidavits, documentation, or credible record evidence showing that counsel legally forbade him from testifying or compelled him to remain silent.
3. The trial court erred in granting post-conviction relief and ordering a new trial because the evidence did not establish that Nabors was denied his right to testify.

Questions Presented

1. Whether Nabors rebutted the presumption that a defendant who does not testify knowingly and voluntarily waived the constitutional right to testify.
2. Whether the evidence established that trial counsel caused Nabors to forgo his right to testify so as to warrant post-conviction relief and a new trial.

Disposition

reversed