Opinion
NO. 2015 KW 1884
03-07-2016
STATE OF LOUISIANA v. JEFFERY DAWSON
In Re: Jeffery Dawson, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No. 74,163 F. BEFORE: GUIDRY, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED IN PART WITH ORDER AND DENIED ON THE SHOWING MADE IN PART. The district court's ruling denying relator's application for postconviction relief is vacated in part and the case is remanded to the district court to hold a hearing at which it will determine whether relator is entitled to an out-of-time appeal under the rule of State v. Counterman, 475 So.2d 336, 340 (La. 1985) (out-of-time appeal may be appropriate in cases in which either "the defendant was not substantially notified at sentencing of his right to appeal or those in which the defense attorney was at fault in failing to file or perfect a timely appeal") and whether his attorney was ineffective. The district court is ordered to appoint counsel to relator for the hearing. In regards to relator's claim that he entered into his guilty plea involuntarily and unintelligently, his claim is denied on the showing made. Relator failed to include the Boykin transcript, the indictment, the commitment order, the guilty plea rights wavier form, and any other documents that might support the claims in the application for postconviction relief. Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. In the event relator elects to file a new application with this Court, the application shall be filed on or before May 6, 2016. Any future filing on this issue should include the entire contents of this application, the missing items noted above, and a copy of this ruling.
WRC
JMG
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT