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State ex Rel. Halphen v. Whitley

Supreme Court of Louisiana
Apr 22, 1994
637 So. 2d 148 (La. 1994)

Opinion

No. 92-KH-3306.

April 22, 1994.

In re Halphen, Lionel; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. "E", No. 273-072.


Granted in part; denied in part. The district court is ordered to grant relator an out-of-time appeal and appoint counsel to handle the appeal. See Lofton v. Whitley, 905 F.2d 885 (5th Cir. 1990); State ex rel. Tucker v. State, 624 So.2d 1211 (La. 1993); State ex rel. Banks v. State, 92-1803 (La. 2/11/94). If appointed counsel, after a review of the record, finds no basis for assigning error on appeal, he or she may follow the procedures set out in State v. Benjamin, 573 So.2d 528, 530 (La.App. 4th Cir. 1991). In all other respects relator's application is denied.

WATSON, J., dissents.

DENNIS, J., not on panel.


Summaries of

State ex Rel. Halphen v. Whitley

Supreme Court of Louisiana
Apr 22, 1994
637 So. 2d 148 (La. 1994)
Case details for

State ex Rel. Halphen v. Whitley

Case Details

Full title:STATE EX REL. LIONEL HALPHEN v. JOHN P. WHITLEY, WARDEN

Court:Supreme Court of Louisiana

Date published: Apr 22, 1994

Citations

637 So. 2d 148 (La. 1994)