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Jacobs v. Cain

Supreme Court of Louisiana
Feb 13, 2009
999 So. 2d 1138 (La. 2009)

Summary

In Jacobs v. Cain, 08-301 (La. 2/13/09), 999 So.2d 1138, the Louisiana Supreme Court found that the district court erred when it dismissed a counseled APCR with prejudice based on counsel's failure to use the uniform application for postconviction relief.

Summary of this case from State v. Taylor

Opinion

No. 2008-KP-0301.

February 13, 2009.

In re Jacobs, Lawrence A.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, No. 02-4757; to the Court of Appeal, Fifth Circuit, No. 07-KH-928.


Writ granted in part; otherwise denied. The district court erred when it dismissed relator's counselled application with prejudice based on counsel's failure to use the uniform application for post-conviction relief. See La.C.Cr.P. art. 926(D) and Cmt. ("Because applications for post conviction relief are often filed by laymen without the aid of an attorney, a uniform application has been adopted by the Supreme Court of Louisiana"). Accordingly, the case is remanded to the trial court, which is instructed either to address relator's application on the merits or to allow relator to file an amended petition using the uniform application. In all other respects the application is denied.

TRAYLOR, J., would deny.

KNOLL, J., would deny.

GUIDRY, J., would deny.


Summaries of

Jacobs v. Cain

Supreme Court of Louisiana
Feb 13, 2009
999 So. 2d 1138 (La. 2009)

In Jacobs v. Cain, 08-301 (La. 2/13/09), 999 So.2d 1138, the Louisiana Supreme Court found that the district court erred when it dismissed a counseled APCR with prejudice based on counsel's failure to use the uniform application for postconviction relief.

Summary of this case from State v. Taylor

In Jacobs, the Louisiana Supreme Court remanded the matter for the district court to either address the APCR on the merits or to allow the relator to file an amended petition using the uniform application.

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

Jacobs v. Cain

Case Details

Full title:Lawrence A. JACOBS v. Warden Berl CAIN, the State of Louisiana

Court:Supreme Court of Louisiana

Date published: Feb 13, 2009

Citations

999 So. 2d 1138 (La. 2009)

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