State v. Desroches
State v. Desroches
Opinion of the Court
Leo J. Desroches is presently incarcerated at the Adult Correctional Institutions awaiting the disposition by
While a steady stream of vituperation has flowed from Mr. Desroches’ typewriter, we have sought to effectuate some plan by which we could reach and consider his appeals. On December 8, 1976, we appointed Martin Malinou as standby counsel to advise Mr. Desroches of his rights and to take all steps necessary to preserve them. Mr. Malinou has attempted to carry out our mandate, but Mr. Desroches’ continued truculent attitude has made any disposition of these appeals an almost impossibility. Our files bulge with a variety of his petitions and correspondence. However, from our examination of them, we see that, in essence, they ask that Mr. Desroches be brought to the courthouse library or to the office of this court’s Clerk. We have also discovered a motion in which the state has asked that the appeals be dismissed because of Mr. Desroches’ failure to comply with the appellate rules. In issuing this order, we hope to extricate ourselves from the morass of papers and documents in which we find ourselves so that the pending appeals can be briefed, argued, and disposed of within a reasonable time.
Consequently, it is hereby ordered that (1) the state’s motion to dismiss the appeals is denied and (2) Mr. Desroches’ request that he be taken to the courthouse library or to the Clerk’s office is also denied.
We are aware of the state’s obligation to protect the rights of prisoners so that they may have access to the courts by
In the event that Mr. Desroches continues to exhibit a stubborn and belligerent attitude arid finds this order unsatisfactory, we would respectfully suggest that he pursue whatever remedies are available to him at the federal court level.
Mr. Malinou has informed us that he has been unable to locate a twelfth volume of transcript. If, at the time these appeals are heard, it appears that the missing volume is essential to the prosecution of Mr. Desroches’ appeals, we will take whatever action is necessary to protect his rights.
Reference
- Full Case Name
- State v. Leo Joseph Desroches
- Status
- Published