State Of Louisiana v. Chad Michael Mart ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 1267
VERSUS
CHAD MICHAEL MART MARCH 24, 2023
In Re: Chad Michael Mart, applying. for supervisory writs,
32nd Judicial District Court, Parish of Terrebonne,
No. 11-FELY-625105.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT GRANTED. When a motion for an appeal has been timely
made, the appeal shall not be affected by any fault or omission
on the part of the trial court. State v. Greene, 2012-2027 (La.
3/15/13), 109 So.3d 370. See also State v. Jones, 2020-0451
(La. App. 1st Cir. 12/2/20), 2020 WL 7137112 (unpublished) (The
failure of the district court, the minute clerk, or the clerk of
court to perform their functions in connection with the filing
of a timely criminal appeal does not affect the validity of the
appeal.). Although not in proper form and untimely for purposes
of a direct appeal, relator's September 2014 pro se motion
requesting appointment of the Louisiana Appellate Project showed
his intent to file an appeal. Relator's motion, which was
essentially a request for an out-of-time appeal, was never
adjudicated. Accordingly, the district court's ruling denying
relator's motion for an out-of-time appeal is reversed and this
matter is remanded to the district court with instructions to
enter an order for appeal.
JMG
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SMM
COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT