STATE v. CARNEY

No. 25518-KA.

630 So.2d 278 (1993)

STATE of Louisiana, Appellee, v. James Arthur CARNEY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Opinion Conditionally Vacating Judgment and Remanding on Rehearing February 1, 1994.


Attorney(s) appearing for the Case

Hunter, Scott, Blue, Johnson & Ross by Louis G. Scott, Monroe, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Jerry L. Jones, Dist. Atty., Stephen T. Sylvester, Asst. Dist. Atty., Monroe, for appellee.

Before NORRIS, STEWART and WILLIAMS, JJ.


WILLIAMS, Judge.

In February 1983, defendant, James Arthur Carney, was convicted of the second degree murder of his ten-week-old daughter and sentenced to life imprisonment without benefit of parole, probation or suspension of sentence. On November 21, 1983, defendant, appearing pro se, filed a motion requesting an out-of-time appeal alleging that his counsel failed to appeal his conviction and sentence. At the conclusion of the February 23, 1984 evidentiary...

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