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Tippen v. Louisiana Board of Parole

Citations: 590 So. 2d 1191; 1992 La. LEXIS 190Docket: No. 91-CP-2551

Court: Supreme Court of Louisiana; January 9, 1992; Louisiana; State Supreme Court

Narrative Opinion Summary

Carl Tippen, the relator, applied for a supervisory and/or remedial writ from the 19th Judicial District Court in East Baton Rouge, which was granted by the Court of Appeal, First Circuit. Tippen contends that he filed a notice of intention to appeal within the appropriate timeframe, asserting that this filing should be recognized as a timely notice and order of appeal. Consequently, the case is remanded to the district court to verify the truth of Tippen’s allegations and, if confirmed, to issue the necessary orders to facilitate the perfection of his appeal.

Legal Issues Addressed

Remand for Verification of Allegations

Application: The case is remanded to the district court to verify the truth of the allegations made by Tippen regarding the timely filing of his notice of appeal.

Reasoning: Consequently, the case is remanded to the district court to verify the truth of Tippen’s allegations and, if confirmed, to issue the necessary orders to facilitate the perfection of his appeal.

Timeliness of Notice of Appeal

Application: The relator contends that his notice of intention to appeal was filed within the appropriate timeframe and should be recognized as a timely notice and order of appeal.

Reasoning: Tippen contends that he filed a notice of intention to appeal within the appropriate timeframe, asserting that this filing should be recognized as a timely notice and order of appeal.