State ex rel. Everson v. Henderson

Supreme Court of Louisiana
State ex rel. Everson v. Henderson, 321 So. 2d 322 (La. 1975)
1975 La. LEXIS 4680
Calogero, Dixon

State ex rel. Everson v. Henderson

Dissenting Opinion

CALOGERO, J.,

dissents. Applicant’s contention that he was not made aware, post conviction, of his right to an indigent’s appeal, if he were in fact indigent, was not disproven by evidence at the eviden-tiary hearing.

Opinion of the Court

In re: Amos Everson, applying for writ of Certiorari.

Writ denied. The showing made does not warrant the exercise of this Court’s supervisory jurisdiction. Applicant was informed of his right to appeal and his right to the appointment of counsel to appeal if he was indigent. See transcript of hearing in trial court.

Dissenting Opinion

DIXON, J.,

dissents from denial. Applicant is entitled to an out-of-time appeal. The record shows he wanted an appeal. He was apparently prematurely transferred to Angola before the expiration of time for appeal and could not communicate with court or counsel before the expiration of time to appeal.

Reference

Full Case Name
STATE of Louisiana ex rel. Amos EVERSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status
Published