Opinion
2023 KW 1190
02-16-2024
STATE OF LOUISIANA v. PATRICK GILTON
Patrick Gilton, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 612067.
BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.
WRIT GRANTED IN PART AND DENIED IN PART.
Appeals are constitutionally guaranteed. See La. Const, art. V, § 5 and § 10. Appeals are favored in the law and should not be dismissed on a mere technicality. See Williams v. Hosp. Serv. Dist. No.1 of Tangipahoa Parish, 2018-1386 (La. 12/17/18), 258 So.3d 584, 585 (per curiam). Furthermore, a defendant's failure to specify which rulings he desires to reserve for appeal may limit the scope of appellate review but should not preclude review altogether. See State v. Becnel, 2020-0587 (La.App. 1st Cir. 4/16/21), 323 So.3d 408, 411. See also State v. Joseph, 2003315 (La. 5/16/03), 847 So.2d 1196 (per curiam). Accordingly, the writ application is granted, in part, for the purpose of transferring to the district court for consideration as a request to reinstate relator's right to appeal. The district court is ordered to hold an evidentiary hearing to determine if relator is entitled to an out-of-time appeal under Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 1035, 145 L.Ed.2d 985 (2000) and State v. Counterman, 475 So.2d 336, 339 (La. 1985) and to appoint counsel for the hearing if relator is indigent. See La. Code Crim. P. art. 930.7. In all other respects, the writ application is denied.
JEW
EW
TPS