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. HuffmanOpinion
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.