State v. Murphy
Cases that cite this one
7 later published cases cite this decision.
- State v. Jones (La. Ct. App. 2010)
- State v. Brown (La. Ct. App. 2012)
- State v. Murray (La. Ct. App. 2012)
- State of Louisiana v. Tyrone A. Murray (La. Ct. App. 2012)
- State of Louisiana v. Edras Brown (La. Ct. App. 2012)
- State v. Means (La. 2010)
- In re Tallon (La. 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE of Louisiana
v.
John Michael MURPHY.
Supreme Court of Louisiana.
PER CURIAM.
Granted. La.C.Cr.P. art. 914(A) provides in part that "A motion for an appeal may be made orally in open court or by filing a written motion with the clerk." (emphasis added). The article should be construed liberally to effectuate a defendant's constitutional right of appeal in Louisiana. La. Const. art. I, § 19; State v. Goodley, 423 So.2d 648, 651 (La. 1982) ("Appeals have always been favored in the law of this state.") (citation omitted). Defendant's oral motion made by counsel in open court following sentencing constituted an oral motion for an appeal as authorized by La. C.Cr.P. art. 914(A), and the court of appeal therefore erred in dismissing the appeal on grounds that defendant did not timely file a subsequent written motion for an appeal. The decision below is reversed and the matter remanded to the court of appeal to hear the merits of the defendant's appeal.
TRAYLOR, J., would deny.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.