The U.S. Fifth Circuit Court of Appeal has denied the appealability of the two count convictions of Brandon Lavergne for the first degree murders of Mickey Shunick and Lisa Pate, First Assistant District Attorney Daniel Landry announced.
Lavergne asserts that his sentence constitutes cruel and unusual punishment because he has been kept in solitary confinement since his conviction pursuant to a provision in his written plea agreement. Lavergne also maintains that the trial court lacked jurisdiction over one of the murder charges because none of the elements of the offense occurred in Lafayette Parish. Finally, he maintains that his trial attorneys rendered ineffective assistance by failing to object and encouraging him to plead guilty despite these flaws in the proceedings.
The United States Court of Appeals declined to allow the appeal to proceed forward indicating that Lavergne has not made a requisite showing that the United States District Court’s rejection of these arguments was incorrect.
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