Opinion
55,523-KH
10-12-2023
STATE OF LOUISIANA v. JERMEL L. COLEMAN
Pro se Counsel for: Jermel L. Coleman Robert Stephen Tew Counsel for: State of Louisiana
FILED: 08/29/23
RECEIVED: PM 08/09/23
On application of Jermel L. Coleman for POST CONVICTION RELIEF in No. 2019CR3668 on the docket of the Fourth Judicial District, Parish of OUACHITA, Judge Walter Meter Caldwell, IV.
Pro se Counsel for: Jermel L. Coleman
Robert Stephen Tew Counsel for: State of Louisiana
Before COX, STEPHENS, and ROBINSON, JJ.
WRIT GRANTED; REMANDED WITH INSTRUCTIONS.
The Applicant, Jermel L. Coleman, seeks review of the district court's “Order Regarding Pro Se Motion” (“Order”) issued in response to his “Motion for Production of Documents.” The Order required, among other things, that Counsel for Applicant appear at a hearing to express his intentions regarding adoption of the pro se motion by Counsel and that Counsel certify with the Clerk of Court that there was consultation between defendant and Counsel before filing future pro se motions. There is no constitutional right to an attorney in state post-conviction proceedings. Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987). Thus, the trial court's order erroneously ordered action by applicant's Counsel on the post-conviction motion for production of documents.
Accordingly, we grant this writ and reverse the "Order Regarding Pro Se Motion." The matter is remanded to the district court with instructions to rule on Coleman's motion for production of documents.