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In re Variste, Willie; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 07-07-0474; to the Court of Appeal, First Circuit, No. 2008 KW 1990.
Writ granted; case remanded to the district court. The district court is ordered to appoint counsel for purposes of holding 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 de
*1033 fense attorney was at fault in failing to file or perfect a timely appeal”).
Document Info
Docket Number: No. 2009-KH-2007
Citation Numbers: 45 So. 3d 1032
Filed Date: 9/3/2010
Precedential Status: Precedential
Modified Date: 8/26/2021