State Of Louisiana v. Chad Michael Mart

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 1267
VERSUS
CHAD MICHAEL MART MARCH 24, 2023

In Re: Chad Michael Mart, applying. for supervisory writs,
32nd Judicial District Court, Parish of Terrebonne,
No. 11-FELY-625105.

BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.

WRIT GRANTED. When a motion for an appeal has been timely
made, the appeal shall not be affected by any fault or omission
on the part of the trial court. State v. Greene, 2012-2027 (La.
3/15/13), 109 So.3d 370. See also State v. Jones, 2020-0451
(La. App. 1st Cir. 12/2/20), 2020 WL 7137112 (unpublished) (The
failure of the district court, the minute clerk, or the clerk of
court to perform their functions in connection with the filing
of a timely criminal appeal does not affect the validity of the
appeal.). Although not in proper form and untimely for purposes
of a direct appeal, relator's September 2014 pro se motion
requesting appointment of the Louisiana Appellate Project showed
his intent to file an appeal. Relator's motion, which was
essentially a request for an out-of-time appeal, was never
adjudicated. Accordingly, the district court's ruling denying
relator's motion for an out-of-time appeal is reversed and this
matter is remanded to the district court with instructions to
enter an order for appeal.

JMG
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SMM

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT
FOR THE COURT