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· 9/27/2006

528 Baronne Owners Ass'n v. Kelly

Citations

  • 941 So. 2d 657
  • 2005 La.App. 4 Cir. 0318
  • 2006 La. App. LEXIS 2636
  • 2006 WL 3349592

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that, although there is no federal constitutional right to counsel in state habeas corpus proceedings, there is a state law right to counsel that necessarily encompasses a right to competent counsel
  • reasoning that statutory right to habeas counsel \would become an empty shell if it did not embrace the right to have the assistance of a competent counsel\
  • reasoning that statutory right to habeas counsel “would become an empty shell if it did not embrace the right to have the assistance of a competent counsel”
  • determining that \[t]he right to effective assistance of counsel is predicated on the statutory right to habeas counsel\ and that \[i]t would be absurd to have the right to appointed counsel who is not required to be competent\
  • determining that ”[t]he right to effective assistance of counsel is predicated on the statutory right to habeas counsel” and that ”[i]t would be absurd to have the right to appointed counsel who is not required to be competent”
  • recognizing right to effective assistance of counsel in habeas proceedings

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Cannizzaro, III, McKay

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.