State Of Louisiana v. Terry Flanagan

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0463

VERSUS

TERRY L. FLANAGAN JULY 18, 2022

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. 12- 17- 0511.

BEFORE: HOLDRIDGE, PENZATO, AND LANIER, JJ.

WRIT DENIED.

GH

WIL

Penzato, J., dissents and would grant the writ application. A defendant is not automatically entitled to an out -of -time appeal. State v. Counterman, 475 So. 2d 336, 340 ( La. 1985) ( out -

of -time appeal may be appropriate " after due consideration of

such factors as the length of the delay in defendant' s attempt

to exercise the right and the adverse effect upon the state

caused by the delay, in cases such as those in which 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.").

Therefore, I would grant the writ application and order the district court to hold a hearing to determine whether the defendant is entitled to an out -of -time appeal.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY 1• Sj CLERK OF COURT FOR THE COURT