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State v. Wagner

Supreme Court of Louisiana
Mar 14, 2008
No. 07-KP-0860 (La. Mar. 14, 2008)

Opinion

No. 07-KP-0860.

march 14, 2008.

ON WRIT OF CERTIORARI TO THE THIRD CIRCUIT COURT OF APPEAL.


Granted. The judgment of the Third circuit dismissing relator's appeal and remanding the case to the district court for further proceedings pursuant to State v. Counterman, 475 So.2d 336 (La. 1985), is vacated, and this case is remanded to the court of appeal to address relator's appeal on the merits. Given the trial court's granting of relator's motion for appeal and designation of record and the state's failure to complain about any procedural irregularities in granting the appeal, dismissal of the appeal and a remand to the district court to cure any defects under this Court's Counterman decision would only prolong the delay without serving any useful purpose.


Summaries of

State v. Wagner

Supreme Court of Louisiana
Mar 14, 2008
No. 07-KP-0860 (La. Mar. 14, 2008)
Case details for

State v. Wagner

Case Details

Full title:STATE OF LOUISIANA v. ROBERT WAGNER, JR

Court:Supreme Court of Louisiana

Date published: Mar 14, 2008

Citations

No. 07-KP-0860 (La. Mar. 14, 2008)