State Of Louisiana v. Terry Flanagan ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0463
VERSUS
TERRY L. FLANAGAN JULY 18, 2022
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 12- 17- 0511.
BEFORE: HOLDRIDGE, PENZATO, AND LANIER, JJ.
WRIT DENIED.
GH
WIL
Penzato, J., dissents and would grant the writ application.
A defendant is not
automatically entitled to an out -of -time
appeal. State v. Counterman, 475 So. 2d 336, 340 ( La. 1985) ( out -
of -time appeal may be appropriate " after due consideration of
such factors as the length of the delay in defendant' s attempt
to exercise the right and the adverse effect upon the state
caused by the delay, in cases such as those in which the
defendant was not substantially notified at sentencing of his
right to appeal or those in which the defense attorney was at
fault in failing to file or perfect a timely appeal.").
Therefore, I would grant the writ application and order the
district court to hold a hearing to determine whether the
defendant is entitled to an out -of -time appeal.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY
1• Sj CLERK OF COURT
FOR THE COURT