Legal Opinion · Dissent

State ex rel. Neal v. Cain

Supreme Court of Louisiana

Decided October 3, 2003No. 2002-KP-2258Published

1Dissent

11 KNOLL, Justice,

dissenting.

I respectfully disagree that defendant, Jarrell Neal, is entitled to post-conviction counsel under the circumstances of this case, and dissent for the following reasons.

Louisiana Revised Statute § 15:149.1 states:

In a capital case in which the trial counsel was provided to an indigent defendant and in which the jury imposed the death penalty, the court, after imposition of the sentence of death, shall appoint the Indigent Defense Assistance Board, which shall promptly cause to have enrolled counsel to represent the defendant on direct appeal and in any state…

2Cases cited24 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Engle v. IsaacSupreme Court of the United States · 1982

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