State v. Wammack

Supreme Court of Louisiana
State v. Wammack, 877 So. 2d 989 (La. 2004)
2004 La. LEXIS 2351; 2004 WL 1762075
Deny, Johnson, Knoll, Traylor, Writ

State v. Wammack

Opinion of the Court

In re Walker, H. Clay; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 229,043; to the Court of Appeal, Second Circuit, No. 38146-KW.

Granted. The trial court is instructed to conduct a hearing to determine whether sufficient funds are available to reimburse appointed counsel for his estimated overhead and out-of-pocket costs as required by State v. Wigley, 624 So.2d 425, 429 (La. 1993). The district court shall take into account counsel’s responsibility for his portion of his firm’s overhead directly related to the representation of this defendant.

Concurring Opinion

JOHNSON, J.,

concurs. I agree with the underlying writ grant considerations, however, my preference is to relieve Walker of any responsibility to represent the defendant, Wammack.

TRAYLOR, J., recused. KNOLL, J., would deny the writ.

Reference

Full Case Name
STATE of Louisiana v. David Ray WAMMACK. In re H. Clay Walker
Status
Published