Supreme Court of Louisiana, 1978

State ex rel. Feltus v. Dees

State ex rel. Feltus v. Dees
Supreme Court of Louisiana · Decided June 30, 1978 · Calogero, Dennis, Dixon, Grant, Hearing, Tate
360 So. 2d 202; 1978 La. LEXIS 6047 (Southern Reporter, Second Series)

State ex rel. Feltus v. Dees

Opinion of the Court

In re: John Feltus applying for writ of certiorari. Parish of Orleans.

Denied.

Dissenting Opinion

DIXON, J.,

would grant an out-of-time appeal. But at the very least, he is entitled to an evidentiary hearing to determine whether he told his lawyer that he wanted to appeal. See Rule 27, Sec. 6, Rules of La. Supreme Court.

CALOGERO and DENNIS, JJ., would grant an evidentiary hearing.

Concurring Opinion

TATE, J.,

concurs in the denial, for the reasons stated by the trial judge, and upon the basis of the trial judge’s instructions at the time of sentencing and of the affidavit by the relator’s attorney. See La. Supreme Court Rule 27, Section 5(a).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.