Errol Victor, Sr. Versus State of Louisiana

• Court: Louisiana Court of Appeal
• Decided: March 15, 2022
• Docket: 22-K-115
• Status: Unknown

Opinion

ERROL VICTOR, SR. NO. 22-K-115

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

March 15, 2022

Nancy F. Vega Chief Deputy Clerk

IN RE ERROL VICTOR, SR.

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DENNIS J. WALDRON, JUDGE AD HOC, DIVISION "C", NUMBER 10,172

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED IN PART; DENIED IN PART

The relator, Errol Victor, Sr., filed the instant Writ of Prohibitation [sic], Writ of Mandamus, Cease and Desist” in which he first requests that this Court stay all proceedings in this matter until he is provided with a copy of a transcript and Order dated January 28, 2022, relevant to his purported motion to recuse. The relator also requests that we compel the district court to set a return date within which to file a writ application that seeks review of the trial court’s denial of his motion to recuse. The application is deficient in several respects pursuant to Uniform Rules, Courts of Appeal Rule 4-5; specifically, the relator has not provided any evidence that he has a pending notice of intent before the trial court which seeks a return date. In addition, the relator has not provided a copy of the judgment from which we could ascertain the date, and content, of the ruling at issue. Given the foregoing, we are limited in the relief that can be granted on the showing made.

Accordingly, we grant the writ, in part, as follows:

Assuming that a ruling exists, if it has not already done so, the Clerk of Court for the 40th JDC is hereby ordered to provide to the relator a copy1 of any order issued on January 28, 2022 related to a motion to recuse filed in his case,

1 The relator lists his address as follows:

Errol Victor, Sr. 300 Perdido St., F-2, 2509806 New Orleans, LA. 70119

22-K-115 with any costs assessed based upon a showing of particularized need and a determination of his indigency status. State ex rel. Bernard v. Criminal District Court Section J., 94-2247 (La. 4/28/95), 653 So.2d 1174, 1175.2

Also, assuming that a ruling of January 28, 2022 exists, and if the relator has a pending notice of intent, if it has not already done so, the trial court is ordered to set a return date within which the relator can file a writ application with this Court within the time frame allowed by law.

With regard to his request for a recusal hearing transcript from January 28, 2022, the relator must first seek relief from the Clerk of Court for the 40th JDC, with costs based upon a showing of particularized need and a determination of his indigency status.

In all other respects, the relator’s writ is denied.

Gretna, Louisiana, this 15th day of March, 2022.

JJM SMC FHW

2 As explained by the supreme court in that case:

This Court's jurisprudence requires lower courts to provide indigent inmates with copies of certain types of documents as of right. State ex rel. Simmons v. State, 93-0175 (La. 12/16/94), 647 So.2d 1094. As to all other documents, an indigent inmate has the constitutional right to free copies only in those instances in which he shows that denial of the request will deprive him of an “adequate opportunity to present [his] claims fairly.” United States v. MacCollom, 426 U.S. 317, 324, 96 S.Ct. 2086, 2091, 48 L.Ed.2d 666 (1976) (quoting Ross v. Moffitt, 417 U.S. 600, 616, 94 S.Ct. 2437, 2447, 41 L.Ed.2d 341 (1974)). Meeting that constitutional threshold requires a showing of what this Court has called “particularized need.”

2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

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 03/15/2022 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:

22-K-115 E-NOTIFIED 40th District Court (Clerk) Honorable Dennis J. Waldron (DISTRICT JUDGE) Honorable Bridget A. Dinvaut (Respondent)

MAILED Errol Victor, Sr. #2509806 (Relator) Orleans Parish Prison 3000 Perdido Street F-2 New Orleans, LA 70119 .,~.,. I

• complete items 1, 2, anc13. 1 • Print your name and address on the revetse 0Agent 1 so that we can retum the caro to you. a Addressee • this caRf to the back of the mallplece, c . Date of o.tlvery l the front If space pennlts.

\ PS Form 3811, July 2015 PSN 7500-02-ooo-9053 • Complete Items 1, 2, and 3. • Print your name and addr9ss on the reverse so that we can ratum the card to you. 8 Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addresaed to: O. Is dellYay address dlfJerant from Item 1? Yes -tc co\ V \c.*-(S"l ~So9 8'0'2 If YES, enter dellYely addr9Ss below: C No

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