State of Louisiana v. Lorenzo Green

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STATE OF LOUISIANA NO. 2026 KW 0681

VERSUS

LORENZO GREEN AUGUST 10, 2026

In Re: Lorenzo Green, applying for supervisory writs, 20th

Judicial District Court, Parish of West Feliciana, No.

23- WFLN- 436.

BEFORE: WOLFE, STROMBERG, AND BALFOUR, JJ.

WRIT GRANTED. There is a constitutional right to an appeal

or to other review on the record) in criminal cases when the

defendant is to be subjected to imprisonment or fine. See La.

Const. art. I, § 19 ( 1974); State v. Clark, 2019- 1077 ( La. 5/ 1/ 20),

295 So. 3d 935, 936. A trial court is required to grant an out -of -
time appeal if the defendant establishes he was not advised of the
right to appeal or if the defense attorney was at fault in failing
to file or perfect a timely appeal. State v. Counterman, 475 So. 2d
336, 339 ( La. 1985) . When the defendant loses the constitutional
right to appeal without fault on his part, a district court has

the inherent authority to grant the limited relief of an out -of -
time appeal. Id. at 340. Accordingly, the ruling denying the
application for postconviction relief is vacated and this matter
is remanded for an evidentiary hearing to determine if relator is
entitled to an out -of -time appeal under Counterman. The court is

ordered to appoint counsel for the hearing if relator is indigent.
Prior to the hearing, the State may file any response it deems
appropriate. See La. Code Crim. P. art. 930. 7; see also State v.
Carter, 2019- 0788 ( La. 10/ 8/ 19), 280 So. 3d 142 ( per curiam).

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COURTCOURT OF A P L, F ST CIRCUIT

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