Supreme Court of Louisiana, 1985

State v. Dye

State v. Dye
Supreme Court of Louisiana · Decided October 4, 1985 · Calogero, Dixon, Lemmon
475 So. 2d 769; 1985 La. LEXIS 9455 (Southern Reporter, Second Series)

State v. Dye

Concurring Opinion

CALOGERO and LEMMON, JJ.,

concur. Normally the trial court should entertain post-conviction habeas for ineffective assistance of counsel and requests for out-of-time appeal. State v. Counterman, 475 So.2d 336 (La. 1985). This relator is so clearly entitled to relief, an out of time appeal, that we concur in this short-cut procedure.

Concurring Opinion

DIXON, C.J.,

concurs. An adequate showing has been made that the delay in taking the appeal was not the fault of defendant but of his appointed counsel.

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