State v. Murphy
This text of 974 So. 2d 1290 (State v. Murphy) 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.
Opinion
STATE of Louisiana
v.
John Michael MURPHY.
Supreme Court of Louisiana.
PER CURIAM.
Granted. La.C.Cr.P. art. 914(A) provides in part that "A motion for an appeal may be made orally in open court or by filing a written motion with the clerk." (emphasis added). The article should be construed liberally to effectuate a defendant's constitutional right of appeal in Louisiana. La. Const. art. I, § 19; State v. Goodley, 423 So.2d 648, 651 (La.1982) ("Appeals have always been favored in the law of this state.") (citation omitted). Defendant's oral motion made by counsel in open court following sentencing constituted an oral motion for an appeal as authorized by La. C.Cr.P. art. 914(A), and the court of appeal therefore erred in dismissing the appeal on grounds that defendant did not timely file a subsequent written motion for an appeal. The decision below is reversed and the matter remanded to the court of appeal to hear the merits of the defendant's appeal.
TRAYLOR, J., would deny.
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974 So. 2d 1290, 2008 WL 466573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-murphy-la-2008.