Supreme Court of Louisiana, 1974

State ex rel. Odom v. Henderson

State ex rel. Odom v. Henderson
Supreme Court of Louisiana · Decided November 15, 1974 · Barham
302 So. 2d 616; 1974 La. LEXIS 4466 (Southern Reporter, Second Series)

State ex rel. Odom v. Henderson

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. Relator was denied his right to appeal. There is considerable doubt that relator had competent counsel at trial.

Opinion of the Court

In re: Carl Ray Odom applying for writs of certiorari.

Writ denied. At the evidentiary hearing of January 30, 1974, the defendant testified (tr. 38) that he accepted the advice of his retained counsel not to appeal. We are also unable to find from such evidentiary hearing and from the record of the trial of June 19, 1973, the the trial court erred in -rejecting the allegations of incompetency of trial counsel.

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