Supreme Court of Louisiana, 1984

State v. Branch

State v. Branch
Supreme Court of Louisiana · Decided December 3, 1984 · Dixon
459 So. 2d 525; 1984 La. LEXIS 10352 (Southern Reporter, Second Series)

State v. Branch

Opinion of the Court

In re Branch, Kevin, applying for Stay, REMEDIAL WRIT AND OUT OF TIME APPEAL Court of Appeal, First Circuit, Number KA-84-1017; Parish of East Baton Rouge, 19th Judicial District Court, Div. “J”, Number 10-82-831.

Granted. Defendant’s appeal is reinstated in the Court of Appeal.

Concurring Opinion

DIXON, C.J.,

concurs in the order of the Court. The right to appeal is a right granted under the Louisiana Constitution. The Code of Criminal Procedure establishes the method of taking an appeal. Courts should not thwart the right to appeal because a lawyer is tardy in filing a brief. Other *526measures for enforcing its rule are available to a court (such as contempt proceedings against the lawyer).

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