Legal Opinion · Concurrence

State v. Neathery

Supreme Court of Louisiana

Decided September 13, 2013No. Nos. 2013-KO-0106, 2013-K-0218Published

1Concurrence

JOHNSON, J.,

would grant the writ application for the following reasons.

Lit is clear that the state should be charged with the three-year delay following defendant’s second appeal in which the *162District Attorney’s Office simply, and inexcusably, lost track of the case. Given that lapse of time, defendant could reasonably entertain a belief, as he came within days of securing his release on a full term date, that his original concurrent 10-year sentences on two counts of armed robbery measured the full consequences of the court’s verdicts. State v. Severin, 08-0005 at 6, (La.App. 5 Cir. 4/29/08)…

2Cases cited2 opinions

  1. State v. BroussardSupreme Court of Louisiana · 1982
  2. State v. SeverinLouisiana Court of Appeal · 2008

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