State ex rel. Mayo v. Whitley

Supreme Court of Louisiana
State ex rel. Mayo v. Whitley, 608 So. 2d 160 (La. 1992)
1992 La. LEXIS 3505; 1992 WL 339161

State ex rel. Mayo v. Whitley

Opinion of the Court

In re Mayo, Anthony; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “D”, No. 82797.

Granted in part; not considered in part. As to relator’s claim of ineffective assis*161tance of counsel on appeal, the district court is ordered to grant relator an out-of-time appeal and to appoint counsel to handle the appeal on relator’s behalf. See, Lofton v. Whitley, 905 F.2d 885 (5th Cir. 1990); State v. Robinson, 590 So.2d 1185 (La. 1992). If appointed counsel, after reviewing the record, finds no basis for assigning error on appeal, he may follow the procedure outlined in State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir. 1990). As to relator’s other claims, they are prematurely before this Court and [are] not considered. La.C.Cr.P. art. 924.1.

Reference

Full Case Name
STATE ex rel. Anthony MAYO v. John WHITLEY, Warden, Louisiana State Penitentiary
Status
Published