Brouillette v. State

Supreme Court of Louisiana
Brouillette v. State, 680 So. 2d 639 (La. 1996)
1996 WL 577535
Calogero

Brouillette v. State

Opinion of the Court

In re BrouiUette, Kenneth; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Ascension, 2Srd Judicial District Court, Div. “D”, No. 7502; to the Court of Appeal, First Circuit, No. KW96 1025.

Writ granted; case transferred to the district court. If relator has an appeal pending, the clerk of court and appellate counsel are ordered to cooperate and supply him with a copy of the record for his use in preparation of a pro se brief. See State ex rel. Treece v. State, 95-2805 (La. 12/8/95), 664 So.2d 411. If relator did not receive an appeal, the court is ordered to consider relator’s application as an application for an out-of-time appeal under State v. Counterman, 475 So.2d 336, 339-40 (La. 1985). If relator may only file for post-conviction relief, the court is ordered to consider his request for documents under State ex rel. Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094. In all events, the court must accept and consider relator’s pro se filings. State v. Melon, 95-2209 (La. 9/22/95), 660 So.2d 466.

CALOGERO, C.J., not on panel.

Reference

Full Case Name
Kenneth BROUILLETTE v. STATE of Louisiana
Status
Published