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State ex Rel. Davis v. Cain

Supreme Court of Louisiana
Nov 13, 1995
662 So. 2d 453 (La. 1995)

Summary

finding that the trial court's denial of a motion for appointment of counsel was an abuse of discretion

Summary of this case from Burdine v. Huffman

Opinion

No. 95-KD-2455

November 13, 1995

IN RE: Davis, Percy; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writ; Parish of Caddo 1st Judicial District Court Div. "E" Number 151,074

ON WRIT OF REVIEW TO THE FIRST JUDICIAL DISTRICT COURT CADDO PARISH, STATE OF LOUISIANA


Granted in part and denied in part. See order.

JCW

PFC

HTL

BJJ

MARCUS, J. would deny the writ.

KIMBALL, J. would deny the writ.

VICTORY, J. would deny the writ.


Writ granted in part and denied in part.

The district court erred in failing to appoint Denise LeBoeuf and the Loyola Death Penalty Resource Center as counsel for relator. Monetary considerations are legitimate concerns for a district court in appointing counsel in a post-conviction situation where the petitioner is entitled to counsel under La.C.Cr.P. art. 930.7. However, other factors bear on the determination of which attorney to appoint. LeBoeuf and her staff have spent hundreds of hours obtaining a stay of execution and analyzing and investigating this case. LeBoeuf does not seek reimbursement for time and resources already devoted and has asserted she will not do so in the future. Any other attorney appointed will have to invest much time and considerable resources to equal her knowledge of the facts and legal issues.

In this instance, the district court abused his discretion in denying Davis' motion for appointment of LeBoeuf as counsel. The trial court's order is reversed and the motion is granted. In all other respects, the writ is denied.


Summaries of

State ex Rel. Davis v. Cain

Supreme Court of Louisiana
Nov 13, 1995
662 So. 2d 453 (La. 1995)

finding that the trial court's denial of a motion for appointment of counsel was an abuse of discretion

Summary of this case from Burdine v. Huffman

In Davis v. Cain, 95-2455 (La. 11/13/95), 662 So.2d 453, the Louisiana Supreme Court granted the defense writ and held that the district court erred in failing to appoint a particular attorney from the Loyola Death Penalty Resource Center as counsel for relator in a post-conviction situation where the petitioner was entitled to counsel under LSA — C.Cr.P. art. 930.7. The Court noted that monetary considerations were legitimate concerns, but stated that other factors bore on the determination of which attorney to appoint.

Summary of this case from State v. Griffin
Case details for

State ex Rel. Davis v. Cain

Case Details

Full title:STATE EX REL. PERCY DAVIS v. N. BURL CAIN, WARDEN

Court:Supreme Court of Louisiana

Date published: Nov 13, 1995

Citations

662 So. 2d 453 (La. 1995)

Citing Cases

State v. Griffin

Id. In Davis v. Cain, 95-2455 (La. 11/13/95), 662 So.2d 453, the Louisiana Supreme Court granted the defense…

State v. Cross

The ruling of the trial court vacating the appointment of Walter Sanchez as counsel for the defendant and…