Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

STATE OF LOUISIANA v. COLUMBUS LEE HOLMES.

WRIT GRANTED AND MADE PEREMPTORY.

It is the ruling of this court that a motion for an appeal, whether timely or untimely, shall initially be filed in the district court in which the conviction is obtained. La.C.Cr.P. Art. 914; State v. Simmons, 390 So.2d 504. We decline to follow State v. Braxton, 428 So.2d 1153. The trial court is ordered to consider petitioner's filings as a motion for an out of time appeal. The trial court is further ordered to make a determination as required by State v. Simmons, supra, to determine if the applicant is entitled to an out of time appeal. If it is established that the defendant did not make a knowledgeable waiver of his right of appeal the district court is ordered to enter an order of appeal.

Use AI to get other relevant cases.

Comments

STATE v. HOLMES
(Nov 10, 1983)