State v. Burton

Supreme Court of Louisiana

State v. Burton

608 So. 2d 156, 1992 La. LEXIS 3523, 1992 WL 339073

CourtSupreme Court of Louisiana

DecidedNovember 13, 1992

DocketNo. 91-KH-2330

StatusPublished

Cited by2 cases

This text of 608 So. 2d 156 (State v. Burton) 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 v. Burton, 608 So. 2d 156, 1992 La. LEXIS 3523, 1992 WL 339073 (La. 1992).

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Opinion

In re Burton, Glen; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “J”, Nos. 292-198, 292-027; to the Court of Appeal, Fourth Circuit, No. 91KW-1730.

Granted. Relator was constructively denied the assistance of counsel on appeal when his appointed attorney merely filed error patent briefs to the appellate court. Lofton v. Whitley, 905 F.2d 885 (5th Cir.1990); State ex rel. Deverney v. Whitley, 597 So.2d 1020 (La.1992); State v. Robinson, 590 So.2d 1185 (La.1992). That relator was able to present pro se assignments of error to the reviewing court did not alleviate the constitutional harm he suffered from the denial of counsel on appeal. See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). Accordingly, the district court is ordered to grant relator out-of-time appeals and to appoint counsel to handle the appeals on relator’s behalf. If appointed counsel, after reviewing the records in the instant cases, finds no basis for assigning error on appeal, he or she may follow the procedure outlined in State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir.1990).

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In re Burton, Glen; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “J”, Nos. 292-198, 292-027; to the Court of Appeal, Fourth Circuit, No. 91KW-1730.

Granted. Relator was constructively denied the assistance of counsel on appeal when his appointed attorney merely filed error patent briefs to the appellate court. Lofton v. Whitley, 905 F.2d 885 (5th Cir.1990); State ex rel. Deverney v. Whitley, 597 So.2d 1020 (La.1992); State v. Robinson, 590 So.2d 1185 (La.1992). That relator was able to present pro se assignments of error to the reviewing court did not alleviate the constitutional harm he suffered from the denial of counsel on appeal. See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). Accordingly, the district court is ordered to grant relator out-of-time appeals and to appoint counsel to handle the appeals on relator’s behalf. If appointed counsel, after reviewing the records in the instant cases, finds no basis for assigning error on appeal, he or she may follow the procedure outlined in State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir.1990).

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Bluebook (online)

608 So. 2d 156, 1992 La. LEXIS 3523, 1992 WL 339073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burton-la-1992.

Opinion

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