State ex rel. Pearson v. State

Supreme Court of Louisiana

State ex rel. Pearson v. State

836 So. 2d 82, 2003 La. LEXIS 423, 2003 WL 355693

CourtSupreme Court of Louisiana

DecidedFebruary 7, 2003

DocketNo. 2002-KH-0432

StatusPublished

This text of 836 So. 2d 82 (State ex rel. Pearson 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.

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State ex rel. Pearson v. State, 836 So. 2d 82, 2003 La. LEXIS 423, 2003 WL 355693 (La. 2003).

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Opinion

In re Pearson, John;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 00-5403; to the Court of Appeal, Fifth Circuit, No. 02-KH-01.

Writ granted; case remanded to the district court. The district court is ordered to grant relator an out-of-time appeal and appoint counsel to prosecute it. See 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.”) (emphasis added); see also State v. Guillory, 99-0400 (La.7/2/99), 745 So.2d 627.

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In re Pearson, John;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 00-5403; to the Court of Appeal, Fifth Circuit, No. 02-KH-01.

Writ granted; case remanded to the district court. The district court is ordered to grant relator an out-of-time appeal and appoint counsel to prosecute it. See 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.”) (emphasis added); see also State v. Guillory, 99-0400 (La.7/2/99), 745 So.2d 627.

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Bluebook (online)

836 So. 2d 82, 2003 La. LEXIS 423, 2003 WL 355693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pearson-v-state-la-2003.

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