State ex rel. Price v. Whitley

Supreme Court of Louisiana

State ex rel. Price v. Whitley

608 So. 2d 161, 1992 La. LEXIS 3503, 1992 WL 339162

CourtSupreme Court of Louisiana

DecidedNovember 13, 1992

DocketNo. 91-KH-2117

StatusPublished

Cited by3 cases

This text of 608 So. 2d 161 (State ex rel. Price v. Whitley) 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. Price v. Whitley, 608 So. 2d 161, 1992 La. LEXIS 3503, 1992 WL 339162 (La. 1992).

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Opinion

In re Price, Felix A.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 269-823.

Granted in part; not considered in part. As to relator’s claim of ineffective assistance of counsel on appeal, the district court is ordered to grant relator an out-of-time appeal and to appoint counsel to handle the appeal on relator’s behalf. See State ex rel. Devemey v. Whitley, 597 So.2d 1020 (La.1992); see also Lofton v. Whitley, 905 F.2d 885 (5th Cir.1990); State v. Robinson, 590 So.2d 1185 (La.1992). If appointed counsel, after reviewing the record, finds no basis for assigning error on appeal, he may follow the procedure outlined in State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir.1990). As to relator’s other claim, it is prematurely before this Court and not considered. La.C.Cr.P. art. 924.1.

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In re Price, Felix A.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 269-823.

Granted in part; not considered in part. As to relator’s claim of ineffective assistance of counsel on appeal, the district court is ordered to grant relator an out-of-time appeal and to appoint counsel to handle the appeal on relator’s behalf. See State ex rel. Devemey v. Whitley, 597 So.2d 1020 (La.1992); see also Lofton v. Whitley, 905 F.2d 885 (5th Cir.1990); State v. Robinson, 590 So.2d 1185 (La.1992). If appointed counsel, after reviewing the record, finds no basis for assigning error on appeal, he may follow the procedure outlined in State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir.1990). As to relator’s other claim, it is prematurely before this Court and not considered. La.C.Cr.P. art. 924.1.

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608 So. 2d 161, 1992 La. LEXIS 3503, 1992 WL 339162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-price-v-whitley-la-1992.

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