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592 So. 2d 513

State ex rel. Simmons v. State

Louisiana Court of Appeal

Decided January 7, 1992

Louisiana Court of Appeal · decided 1992-01-07

Cited by 14 later decisions — most recently January 1996

1 federal appellate · 13 state decisions

Relies on Louisiana Resources Co. v. Stream · 420 So. 2d 955 - State v. McCabe

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-07

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¶1WRIT DENIED: Since relator is represented by counsel, he should proceed through his attorney. Relator has no right to be both represented and representative. See State v. McCabe, 420 So.2d 955 (La. 1982); State v. Bodley, 394 So.2d 584 (La. 1981).

¶2This Court will not review the merits of an application filed by a pro se applicant who is represented by counsel unless the applicant alleges deficiencies in the performance of his counsel and has presented that complaint to the district court. Herein, if relator seeks to resume the hearing on his application for post conviction relief or complain of his counsel’s performance, he should first address those complaints to the district court.

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