State ex rel. Duncan v. Cain

Supreme Court of Louisiana

State ex rel. Duncan v. Cain

888 So. 2d 850, 2004 La. LEXIS 3801, 2004 WL 3078813

Supreme Court of Louisiana·Decided December 17, 2004·No. No. 2004-KP-0593·Published

Opinion

In re Duncan, Jimmie C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. G, No. 94-F0042.

Writ granted; case remanded. The district court’s judgment denying relator’s pro se application for post-conviction relief is vacated, and the district court is directed to give counsel reasonable opportunity to prepare and litigate expeditiously a supplemental application for post-conviction relief. See State ex rel. Hampton v. State, 00-2523 (La.8/31/01), 795 So.2d 1198.

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

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In re Duncan, Jimmie C.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. G, No. 94-F0042.

Writ granted; case remanded. The district court’s judgment denying relator’s pro se application for post-conviction relief is vacated, and the district court is directed to give counsel reasonable opportunity to prepare and litigate expeditiously a supplemental application for post-conviction relief. See State ex rel. Hampton v. State, 00-2523 (La.8/31/01), 795 So.2d 1198.

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

State ex rel. Duncan v. Cain, 888 So. 2d 850, 2004 La. LEXIS 3801, 2004 WL 3078813 (La. 2004).

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Opinion

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