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STATE EX REL. GRAY v. WHITLEY

No. 93-KH-2591.

679 So.2d 414 (1996)

STATE ex rel. Joseph GRAY v. John WHITLEY, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

September 20, 1996.

Writ granted in part; case remanded to the district court. The district court is ordered to appoint counsel for purposes of holding a hearing at which it will determine whether relator is entitled to an out-of-time appeal under the rule of State v. Counterman, 475 So.2d 336, 340 (La.1985). In all other respects, the application is denied.

BLEICH, J., would deny the writ.

JOHNSON, J....

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