Opinion
2022 KW 1267
03-24-2023
STATE OF LOUISIANA v. CHAD MICHAEL MART
In Re: Chad Michael Mart, applying, for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 11-FELY-625105.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT GRANTED. When a motion for an appeal has been timely made, the appeal shall not be affected by any fault or omission on the part of the trial court. State V. Greene, 2012-2027 (La. 3/15/13), 109 So.3d 370. See also State v. Jones, 2020-0451 (La.App. 1st Cir. 12/2/20), 2020 WL 7137112 (unpublished) (The failure of the district court, the minute clerk, or the clerk of court to perform their functions in connection with the filing of a timely criminal appeal does not affect the validity of the appeal.). Although not in proper form and untimely for purposes of a direct appeal, relator's September 2014 pro se motion requesting appointment of the Louisiana Appellate Project showed his intent to file an appeal. Relator's motion, which was essentially a request for an out-of-time appeal, was never adjudicated. Accordingly, the district court's ruling denying relator's motion for an out-of-time appeal is reversed and this matter is remanded to the district court with instructions to enter an order for appeal.
JMG
EW
SMM