750 So. 2d 801 | La. | 1999
Lead Opinion
In re Williams, Jimmy; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. “B”, Number 7-94-871.
The district court is ordered to appoint counsel for relator, and set a reasonable time for counsel to file an application for post conviction relief, if appropriate.
Dissenting Opinion
dissenting.
Defendant’s death sentence was affirmed by this Court on January 21, 1998, and the U.S. Supreme Court denied writs on October 5, 1998. Defendant’s request at this late date, a mere five days before his February 10, 1999 execution date, appears to be more an effort to manipulate the system than a worthy complaint. Defendant alleges no specific complaint or wrongdoing, but only recites the litany of issues upon which post-conviction relief may be granted. Under those facts, I would deny defendant’s stay and deny his belated request for appointment of counsel at no cost to himself. Inmates have no constitutional right to representation in post-conviction proceedings, even when they are on death row. See State v. Roy, 97-2466 (La. 10/10/97), 703 So.2d 590 (Knoll, J., dissenting).
TRAYLOR, J., dissents for reasons assigned by KNOLL.