State ex rel. Feltus v. Dees, 360 So. 2d 202 (La. 1978). · Go Syfert
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State ex rel. Feltus v. Dees, 360 So. 2d 202 (La. 1978). Cases Citing This Book View Copy Cite
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STATE of Louisiana ex rel. John FELTUS
v.
Hayden J. DEES, Warden, Dixon Correctional Institute
No. 62498.
Supreme Court of Louisiana.
Jun 30, 1978.
360 So. 2d 202
Calogero, Dennis, Dixon, Grant, Hearing, Tate.
Published

Lead Opinion

In re: John Feltus applying for writ of certiorari. Parish of Orleans.

Denied.

Dissent

DIXON, J.,

would grant an out-of-time appeal. But at the very least, he is entitled to an evidentiary hearing to determine whether he told his lawyer that he wanted to appeal. See Rule 27, Sec. 6, Rules of La. Supreme Court.

CALOGERO and DENNIS, JJ., would grant an evidentiary hearing.

Concurrence

TATE, J.,

concurs in the denial, for the reasons stated by the trial judge, and upon the basis of the trial judge’s instructions at the time of sentencing and of the affidavit by the relator’s attorney. See La. Supreme Court Rule 27, Section 5(a).