Supreme Court of Louisiana, 2008

State ex rel. Cox v. State

State ex rel. Cox v. State
Supreme Court of Louisiana · Decided October 31, 2008
994 So. 2d 524; 2008 La. LEXIS 3006; 2008 WL 5077874 (Southern Reporter, Second Series)

State ex rel. Cox v. State

Opinion of the Court

In re Cox, Dale Allen; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. E, No. 05-F0790; to the Court of Appeal, Second Circuit, No. 43203-KH.

Writ granted in part; otherwise denied; case remanded to the district court. The district court is ordered to appoint counsel for purposes of holding a hearing at which it will determine whether relator is entitled to an out-of-time appeal under the rule of State v. Counterman, 475 So.2d 336, 340 (La. 1985) (out-of-time appeal may be appropriate in cases in which either “the defendant was not substantially notified at sentencing of his right to appeal or those in which the defense attorney was at fault in failing to file or perfect a timely appeal.”). In all other respects the application is denied.

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