Background
Lorenzo Green sought supervisory review from the 20th Judicial District Court in West Feliciana Parish after that court denied his application for postconviction relief. The opinion does not describe Green’s underlying conviction or sentence.
Green’s request concerned whether he lost his right to appeal through no fault of his own. Louisiana recognizes a constitutional right to appeal or other record review in criminal cases when a defendant may be imprisoned or fined.
The Court’s Holding
The First Circuit granted the writ, vacated the denial of postconviction relief, and remanded for an evidentiary hearing. The hearing must determine whether Green is entitled to an out-of-time appeal under State v. Counterman.
The court explained that an out-of-time appeal is required if a defendant establishes that he was not advised of the right to appeal or that defense counsel was at fault for failing to file or perfect a timely appeal. If Green is indigent, the district court must appoint counsel for the hearing. The State may file a response before the hearing.
Key Takeaways
- A defendant who loses the right to appeal without personal fault may obtain an out-of-time appeal.
- The district court must hold an evidentiary hearing to decide whether Green meets that standard.
- An indigent relator is entitled to appointed counsel for that hearing.
Why It Matters
The decision reinforces that postconviction procedure can provide a remedy when a criminal defendant may have been deprived of appellate review because of missing advice or attorney error. It also requires a factual hearing rather than allowing the claim to be rejected without determining why the appeal was not timely pursued.