Opinion
NO. 2013 KW 1158
2013-10-08
STATE OF LOUISIANA v. DRAYTON SIMMONS
In Re: Drayton Simmons, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07-12-0657.
BEFORE: WHIPPLE, C.J., WELCH AND CRAIN, JJ.
WRIT DENIED. Relator is represented by counsel and has no right to also represent himself. We are unable to determine if relator's counsel is aware of and joins in this application. The right to assistance of counsel embodies "a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself" and safeguards the other rights deemed essential for the fair prosecution of a criminal proceeding. Maine v. Moulton, 474 U.S. 159, 169, 106 S.Ct. 477, 483, 88 L.Ed.2d 481 (1985). Counsel should receive a copy of any pro se pleading filed by his client and notice of any hearing scheduled to consider a pro se filing. See State v. Melon, 95-2209 (La. 9/22/95), 660 So.2d 466.
WJC
VGW
JEW
COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT