State ex rel. Feltus v. Dees

Supreme Court of Louisiana
State ex rel. Feltus v. Dees, 360 So. 2d 202 (La. 1978)
1978 La. LEXIS 6047
Calogero, Dennis, Dixon, Grant, Hearing, Tate

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).

Reference

Full Case Name
STATE of Louisiana ex rel. John FELTUS v. Hayden J. DEES, Warden, Dixon Correctional Institute
Status
Published