State v. Ellison

Supreme Court of Louisiana

State v. Ellison

268 So. 3d 1026

CourtSupreme Court of Louisiana

DecidedMay 6, 2019

DocketNo. 2018-KP-2083

StatusPublished

This text of 268 So. 3d 1026 (State v. Ellison) 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. Ellison, 268 So. 3d 1026 (La. 2019).

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Opinion

PER CURIAM:

Writ granted. The district court's grant of an out-of-time appeal and appointment of appellate counsel is vacated for failure to comply with State v. Counterman , 475 So.2d 336 (La. 1985) and La.C.Cr.P. arts. 924 - 930.7. The district court is directed to reconsider whether the applicant will be granted an out-of-time appeal after affording the State the opportunity to respond to the application. See La.C.Cr.P. art. 927(A). The matter is remanded for further proceedings consistent with this ruling.

GUIDRY, J., recused.

HUGHES, J., would deny.

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PER CURIAM:

Writ granted. The district court's grant of an out-of-time appeal and appointment of appellate counsel is vacated for failure to comply with State v. Counterman , 475 So.2d 336 (La. 1985) and La.C.Cr.P. arts. 924 - 930.7. The district court is directed to reconsider whether the applicant will be granted an out-of-time appeal after affording the State the opportunity to respond to the application. See La.C.Cr.P. art. 927(A). The matter is remanded for further proceedings consistent with this ruling.

GUIDRY, J., recused.

HUGHES, J., would deny.

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Bluebook (online)

268 So. 3d 1026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ellison-la-2019.

Opinion

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