State ex rel. Gillan v. State

Supreme Court of Louisiana

State ex rel. Gillan v. State

869 So. 2d 865, 2004 La. LEXIS 1123, 2004 WL 905626

CourtSupreme Court of Louisiana

DecidedApril 2, 2004

DocketNo. 2003-KH-0636

StatusPublished

This text of 869 So. 2d 865 (State ex rel. Gillan v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Gillan v. State, 869 So. 2d 865, 2004 La. LEXIS 1123, 2004 WL 905626 (La. 2004).

Pincite

Opinion

In re Gillan, Paul;- — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 418-302; to the Court of Appeal, Fourth Circuit, No. 2002-K-2463.

Writ granted in part; otherwise denied. This case is remanded to the district court for purposes of appointing counsel for relator and conducting a hearing on relator’s claim that trial counsel rendered ineffective assistance by failing to request a jury instruction that theft was a lesser included offense and a responsive verdict to the charged crime of purse snatching. See State v. Marts, 98-0099 (La.App. 4th Cir.5/31/00), 765 So.2d 438. In connection with that claim, the district court is further directed to provide relator with a copy of the transcript of jury instructions from his trial. State ex rel. Bernard v. Cr.D.C., 94-2247, p. 1 (La.4/28/95), 653 So.2d 1174, 1175. In all other respects, the application is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Gillan, Paul;- — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 418-302; to the Court of Appeal, Fourth Circuit, No. 2002-K-2463.

Writ granted in part; otherwise denied. This case is remanded to the district court for purposes of appointing counsel for relator and conducting a hearing on relator’s claim that trial counsel rendered ineffective assistance by failing to request a jury instruction that theft was a lesser included offense and a responsive verdict to the charged crime of purse snatching. See State v. Marts, 98-0099 (La.App. 4th Cir.5/31/00), 765 So.2d 438. In connection with that claim, the district court is further directed to provide relator with a copy of the transcript of jury instructions from his trial. State ex rel. Bernard v. Cr.D.C., 94-2247, p. 1 (La.4/28/95), 653 So.2d 1174, 1175. In all other respects, the application is denied.

Cite This Page — Counsel Stack

Bluebook (online)

869 So. 2d 865, 2004 La. LEXIS 1123, 2004 WL 905626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gillan-v-state-la-2004.

Opinion

Related

Cite This Page — Counsel Stack