No. 91-KH-2117 Precedential Processed

State ex rel. Price v. Whitley

Louisiana Supreme Court · Filed November 13, 1992 · 608 So. 2d 161

Also decided on this docket: La., February 19, 1993 613 So. 2d 964

Authorities cited

Identified automatically; this list may not be exhaustive.

State ex rel. Brown v. Criminal District Court 597 So. 2d 1020
State v. Robinson 590 So. 2d 1185
State v. Benjamin 573 So. 2d 528

Opinion text

In re Price, Felix A.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “F”, No. 269-823. Granted in part; not considered in part. As to relator’s claim of ineffective assistance of counsel on appeal, the district court is ordered to grant relator an out-of-time appeal and to appoint counsel to handle the appeal on relator’s behalf. See State ex rel. Devemey v. Whitley, 597 So.2d 1020 (La.1992); see also Lofton v. Whitley, 905 F.2d 885 (5th Cir.1990); State v. Robinson, 590 So.2d 1185 (La.1992). If appointed counsel, after reviewing the record, finds no basis for assigning error on appeal, he may follow the procedure outlined in State v. Benjamin, 573 So.2d 528 (La.App. 4th Cir.1990). As to relator’s other claim, it is prematurely before this Court and not considered. La.C.Cr.P. art. 924.1.