WRIT GRANTED FOR LIMITED PURPOSE
Relator, Delcome Evans, seeks review of the trial courts ruling on his motion entitled, “Motion To Request Documents In Anticipation of Filing An Application For Post-Conviction Relief.” Mr. Evans previously filed a writ of mandamus on January 22, 2024, asking this Court to order the trial court to rule on this motion. On February 8, 2024, this Court granted relators request for mandamus relief and ordered the trial court to rule on relators motion within 30 days, if it had not already done so, and to provide this Court with a copy of the ruling. See State v. Evans, 24-KH-33 (La. App. 5 Cir. 2/8/24). This Court did not receive a response from the trial court. Nevertheless, in his current writ application, relator contends that on February 20, 2024, he received a copy of the trial courts ruling dated August 23, 2023.
1
The ruling, however, does not mention the subject motion and instead denies relators application for post-conviction relief (“APCR”). According to the attachments provided by Mr. Evans with his writ application, he filed a uniform APCR form at the same time that he filed the motion requesting documents.
2
Relator also attaches correspondence from the trial court dated December 11, 2023, which he contends was included with the ruling he recently received. In this correspendence, the trial court explains that it denied relators APCR and “took no action on the Motion to Request Documents since the APCR was dismissed upon the ground of untimeliness.”
Accordingly, it appears that the trial court considered relators motion requesting documents to be moot and, as a result, did not enter a formal ruling on the motion. However, because we are not a court of first impression, we cannot consider relators writ application without a formal ruling from the trial court on relators motion. Accordingly, we grant this writ application for the limited purpose of again ordering the trial court to enter a formal ruling on relators “Motion To Request Documents In Anticipation of Filing An Application For Post-Conviction Relief.” We further order that the trial court provide this Court with a copy of its ruling referencing our case number above. Gretna, Louisiana, this 19th day of March, 2024.
SUS
FHW
JGG
FIFTH CIRCUIT
101 DERBIGNY STREET (70053)
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054
www.fifthcircuit.org
SUSAN M. CHEHARDY CHIEF JUDGE
FREDERICKA H. WICKER
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST
JOHN J. MOLAISON, JR.
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL JUDGES
CURTIS B. PURSELL CLERK OF COURT
SUSAN S. BUCHHOLZ CHIEF DEPUTY CLERK
LINDA M. WISEMAN FIRST DEPUTY CLERK
MELISSA C. LEDET
DIRECTOR OF CENTRAL STAFF
(504) 376-1400
(504) 376-1498 FAX
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 03/19/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
24-KH-127
CURTIS B. PURSELL CLERK OF COURT
E-NOTIFIED
40th District Court (Clerk)
Honorable J. Sterling Snowdy (DISTRICT JUDGE)
Honorable Bridget A. Dinvaut (Respondent)
MAILED
Delcome Evans #429893 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426
FOOTNOTES
1
. Relator attaches a copy of an envelope with a return address for the trial court postmarked February 8, 2024.
2
. The APCR does not list or explain any grounds or claims upon which relator seeks post-conviction relief.