Muhammad v. Office of the District Attorney ex rel. Parish of St. James

191 So. 3d 1149, 2016 WL 1720409, 2016 La. App. LEXIS 809
CourtLouisiana Court of Appeal
DecidedApril 27, 2016
DocketNo. 16-CA-9
StatusPublished
Cited by11 cases

This text of 191 So. 3d 1149 (Muhammad v. Office of the District Attorney ex rel. Parish of St. James) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Muhammad v. Office of the District Attorney ex rel. Parish of St. James, 191 So. 3d 1149, 2016 WL 1720409, 2016 La. App. LEXIS 809 (La. Ct. App. 2016).

Opinion

FREDERICKA HOMBERG WICKER, Judge.

| gin this mandamus proceeding, plaintiff, Abdullah Muhammad a/k/a Kirk Spencer, appeals from a judgment of the Twenty-Third Judicial District Court in favor of defendants, the Office of the.District Attorney for the Parish of St. James and District Attorney Ricky Babin, in his official capacity as custodian of records. For the reasons that follow, we vacate the judgment of the trial court and remand the matter tp the trial court for further proceedings consistent with this opinion.

PROCEDURAL HISTORY

■Plaintiff was convicted of first degree murder in 1992 and sentenced to imprisonment at hard labor for a term of life without the benefit of parole, probation, or suspension of sentence.1 On January 25, [1152]*11521994, this Court affirmed plaintiffs conviction and sentence, and on February 3, 1995, the Louisiana Supreme Court denied plaintiffs application for a writ of certiora-ri. See State v. Spencer, 93-571 (La.App. 5 Cir. 1/25/94), 631 So.2d 1363, writ denied, 94-488 (La.2/3/95), 649 So.2d 400. After plaintiff declined to seek review from the | United States Supreme Court, his conviction and sentence became final on May 4, 1995.

The record reflects that, prior to July 7, 2004, plaintiff sent correspondence to the Office of the District Attorney for the Twenty-Third Judicial District requesting copies of the District Attorney’s case files in docket numbers 1695 and 1696. On July 7, 2004, Assistant District Attorney Anthony T. Marshall (hereinafter, “A.D.A. Marshall”) sent plaintiff a letter notifying plaintiff that the cost of copying his file was $182.00. On September 23, 2004, A.D.A. Marshall sent plaintiff a second letter which read, “Enclosed is the copy of the District Attorney’s file as you requested.”

On February 3, 2005, plaintiff filed a “Motion to Compel” production of the District Attorney’s file in docket number 1695, alleging that he had paid the District Attorney for a copy of the files in docket numbers 1695 and 1696, but he had not received a copy of the files in docket number 1695. Plaintiff 'filed his Motion to Compel in the Twenty-Third Judicial District Court under criminal docket number 1695. On February 3, 2005, a judge for the Twenty-Third Judicial District Court denied plaintiffs Motion to Compel without articulating reasons.2 Plaintiff .sought supervisory review of the denial of his Motion to Compel, and on March 4, 2005, this Court denied plaintiffs writ “on the presentation.” State of Louisiana ex rel. Abdullah Muhammad v. Burl Cain, OS-249 (La.App. 5 Cir. 3/4/05) (unpublished writ disposition).

On or about May 22, 2013, plaintiffs counsel, Michael J. Rocks,3 sent a public records request via certified mail to Ricky Babin, District Attorney for the Twenty-Third Judicial District, requesting the opportunity to inspect and'copy all |4of the District Attorney’s records related to plaintiffs criminal cáse in docket number 1695. The return receipt indicates that Mr. Rocks’ letter was received on May 31, 2013. On or about June 27, 2013, Mr. Rocks sent a second request via certified mail. The return receipt for the second certified letter indicates that the letter was unclaimed. On August 2, 2013, Mr. Rocks sent a third and final request’via certified mail. The return receipt on this final letter reflects that it was' received, though the date of receipt is illegible.

On July 14, 2014, plaintiff filed a “Petition for Writ of Mandamus under the Louisiana Public Records Act” (hereinafter, “Pétition”), naming as defendants' the Office of the District Attorney for the Parish of St. James and District Attorney Ricky Babin, in his official capacity as custodian of records (hereinafter referred to collectively as “the District Attorney”). In his Petition, plaintiff alleged that he and his attorneys had repeatedly requested from the District Attorney ■ copies of the case files from his first degree murder [1153]*1153proceeding and that the District Attorney had failed to respond to the requests.4 Plaintiffs Petition further alleged that, pursuant to the Public Records Law, the custodian of records bore the burden of establishing the current location of the requested records, the last known location of the requested records, or the efforts which had been made to attempt to locate the requested records, and that the District Attorney had given no such information to plaintiff. Accordingly, plaintiff requested that the trial court issue a writ of mandamus ordering the District Attorney to provide the records to plaintiff and award to plaintiff attorney's fees and court costs incurred in obtaining the records, as well as other damages and penalties provided by the Public Records Law. IfiPlaintiff attached to his Petition the earlier record requests sent by his attorney via certified mail.

Judge Guy Holdridge scheduled a hearing on plaintiffs Petition for July 28, 2014, which was subsequently continued to August 25, 2014, and again continued to September 24, 2014. On August 18, 2014, the District Attorney filed an answer to plaintiff’s Petition, denying the allegations therein, and further asserting that, under La. R.S. 44:31.1,5 plaintiff was not a “person” entitled to the requested records because .he is in custody after sentence following a felony conviction arid has exhausted his appellate remedies. The District Attorney also alleged that plaintiff had already been provided with a copy of the records, citing the September 23, 2004 letter from A.D.A. Marshall, which preceded plaintiff’s 2005 Motion to Compel.

At the September 24, 2014 hearing on plaintiff’s Petition, Judge Holdridge, sua sponte, raised the issue of whether the earlier denial of plaintiff’s Motion to Compel precluded plaintiffs Petition under the doctrine of res judicata, to which plaintiff’s counsel responded in the negative. The District Attorney, without discussing the issue of res judicata, argued that plaintiff was not entitled to the records under La. R.S. 44:31.1, and further stated, “for-argument sake, Judge, we don’t know if the records still exist. They should have been shredded” At the conclusion of the hearing, Judge-Holdridge ordered the District Attorney to produce the records within thirty days to allow the court to conduct an in camera inspection for-privileged information, after which, if no privileged information was discovered, the court would give the.records to plaintiff.

Instead of turning over the records to the trial court, on October 17, 2014, the District Attorney filed a “Response to Court’s Verbal Order of September 24, |b2014” (hereinafter, “Response to Court’s Order”). In this pleading the District Attorney raised the exception of res judicata and repeated ■ its argument that plaintiff was not entitled to the records under La. R.S. 44:31.1. The District Attorney further asserted that, pursuant to La. R.S. 44:36(E)(1)6 and the Records Retention [1154]*1154Schedule of the District Attorney’s' Office, files of major felony criminal cases may be destroyed five years from the end of the calendar year in which a defendant’s conviction and sentence become final, and that after a diligent search the District-Attorney had been unable to locate any of plaintiffs requested records.

On November 26, 2014, plaintiff filed a “Rule for Contempt for Failure to Comply with Court Order, and Motion to Strike” (hereinafter, “Rule for Contempt”).

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Bluebook (online)
191 So. 3d 1149, 2016 WL 1720409, 2016 La. App. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muhammad-v-office-of-the-district-attorney-ex-rel-parish-of-st-james-lactapp-2016.