State Of Louisiana VS Jacob R. Lagman
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STATE OF LOUISIANA CQURT OF APPEAL FIRST CIRCUIT 2013 KW OF IISIANA LO N0 R STATE LAGMAN 1516 NOw 212013 VERSUS JACOB In Jacob Re R Lagman applying District Judicial for supervisory Parish Court of 22nd Tammany St writs No 491711 BEFORE PETTIGREW MeDONALD AND MeCLENDON JJ WRIT DENIED JTP IMM McClendon and would grant the writ There is appeal constitutional riqht in Louisiana to an appeal a The right to an appeal can only be waived by the defendant himself and any waiver of the State v right must be an informed waiver relative 2d So 390 Simmons J dissents s relator to in for claim 506 504 part an time of out La A 1980 if time of out trial the court is defendant required qrant appeal establishes he was not advised of the right to appeal or if the defense attorney was at fault in failing to file or perfect a State v 475 2d So 339 La Counterman 336 timely appeal an who s defendant a 1985 Moreover disregards attorney specific instructions to file a notice of appeal acts in a Roe v 528 professionally unreasonable manner Ortega Flores to S l 120 470 alleged a if which Code an Ct S 145 1029 2d Ed L 985 2000 Relator has claim in he application for postconviction relief See La established would entitle him to relief Crim denying the matter to P art request the 927 Therefore for trial an I time of out court for an would vacate the ruling appeal and remand evidentiary hearing the to determine if relator is entitled to an out appeal under time of the provisions of Roe v Flores and Counterman Ortega COURT OF APPEAL FIRST CIRCUIT e DEPOTY FOR CLERK OF COURT THE COUR1
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