State Of Louisiana v. Frederick Roddy

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2026 KW 0273 VERSUS FREDERICK RODDY JUNE 15, 2026 In Re: Frederick Roddy, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC-21-04680.

BEFORE : WOLFE, HESTER, AND BALFOUR, JJ.

WRIT GRANTED. There is a constitutional right to an appeal (or to other review on the record) in criminal cases when the defendant is to be subjected to imprisonment or fine. See ha.

Const. art. I § 19 (1974); State v. Clark, 2019-1077 (La. 5/1/20), 295 So.3d 935, 936. A trial court is required to grant an out- of-time appeal if the defendant establishes he was not advised of the right to appeal or if the defense attorney was at fault in failing to file or perfect a timely appeal. State v. Counterman, 475 So.2d 336, 339 (La. 1985). When the defendant loses his constitutional right to appeal without fault on his part, a district court has the inherent authority to grant the limited relief of an out-of-time appeal. See Counterman, 475 So.2d at 339. Accordingly, this matter is remanded and the district court is ordered to hold an evidentiary hearing to determine if relator is entitled to an out-of-time appeal under Counterman. The court is ordered to appoint counsel for the hearing if relator is indigent. Prior to the hearing, the State may file any response it deems appropriate. See La. Code Crim. P. art. 930.7; see also State v. Carter, 2019-0788 (La. 10/8/19), 280 So.3d 142 (per curiam).

CHH SOURT OF APPEAL, FIRST CIRCUIT TY CLERK FOR THE COURT