Opinion
NO. 2013 KW 1597
01-08-2014
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: KUHN, HIGGINBOTHAM AND THERIOT, JJ.
WRIT DENIED. Insofar as relator seeks mandamus relief, we are advised by the office of the Clerk of Court of East Baton Rouge Parish that a motion for speedy trial, allegedly filed on October 22, 2013, is not of record. Relative to the other pro se motions at issue in the writ and the supplement, 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.
TMH
JEK
Theriot, J., dissents and would order the State to address relator's claim that the prosecution for possession with intent to distribute marijuana and illegal carrying of a weapon while in possession of marijuana violates relator's Fifth Amendment right against double jeopardy. COURT OF APPEAL, FIRST CIRCUIT ____________________________
DEPUTY CLERK OF COURT
FOR THE COURT