State ex rel. Simmons v. State

Louisiana Court of Appeal

State ex rel. Simmons v. State

592 So. 2d 513, 1992 La. App. LEXIS 211, 1992 WL 11224

Louisiana Court of Appeal·Decided January 7, 1992·No. No. KW 91 2219·Published·Cited by 1 cases

Opinion

WRIT DENIED: Since relator is represented by counsel, he should proceed through his attorney. Relator has no right to be both represented and representative. See State v. McCabe, 420 So.2d 955 (La. 1982); State v. Bodley, 394 So.2d 584 (La. 1981).

This Court will not review the merits of an application filed by a pro se applicant who is represented by counsel unless the applicant alleges deficiencies in the performance of his counsel and has presented that complaint to the district court. Herein, if relator seeks to resume the hearing on his application for post conviction relief or complain of his counsel’s performance, he should first address those complaints to the district court.

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WRIT DENIED: Since relator is represented by counsel, he should proceed through his attorney. Relator has no right to be both represented and representative. See State v. McCabe, 420 So.2d 955 (La. 1982); State v. Bodley, 394 So.2d 584 (La. 1981).

This Court will not review the merits of an application filed by a pro se applicant who is represented by counsel unless the applicant alleges deficiencies in the performance of his counsel and has presented that complaint to the district court. Herein, if relator seeks to resume the hearing on his application for post conviction relief or complain of his counsel’s performance, he should first address those complaints to the district court.

State ex rel. Simmons v. State, 592 So. 2d 513, 1992 La. App. LEXIS 211, 1992 WL 11224 (La. Ct. App. 1992).

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Opinion

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