Samuel Barker v. Chief Disciplinary Counsel Charles B. Plattsmier, The Louisiana Attorney Disciplinary Board (A State Agency), Karen H. Green - Deputy Disciplinary Counsel, Michael P. Wilson - Screening Counsel, Panel - A Counsels Anderson O. Dotson III, Linda G Bizzaro a

• Court: Louisiana Court of Appeal
• Decided: May 11, 2020
• Docket: 2019CA1073
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2019 CA 1073

VERSUS

CHIEF DISCIPLINARY COUNSEL CHARLES B. PLATTSMIER, THE LOUISIANA ATTORNEY DISCIPLINARY BOARD A STATE AGENCY), 1 4 KAREN H. GREEN -DEPUTY DISCIPLINARY COUNSEL, MICHAEL P. WILSON -SCREENING COUNSEL, PANEL -A COUNSELS ANDERSON O. DOTSON III, LINDA G. BIZZARO, CHARLES H. WILLIAMSON, JR., AND AUTUMN HARREL H2LAW, LLC

Judgment Rendered: MAY 112020

Appealed from the 19" Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No. C675406

The Honorable R. Michael Caldwell, Judge Presiding

Samuel Barker Appellant/ Plaintiff Angola, LA In Proper Person

Jeff Landry Counsel for Appellee/ Defendant

Attorney General Louisiana Attorney Disciplinary Board David G. Sanders James " Gary" Evans

Andre Charles Castaing Baton Rouge, LA

Glenn B. Adams Counsel for Appellee/ Defendant

Corey D. Moll Autumn Harrell

New Orleans, LA

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ. LANIER, J.

The appellant, Samuel Barker, an inmate incarcerated with the Louisiana

Department of Public Safety and Corrections ( LDPSC) at the Louisiana State

Penitentiary in Angola, Louisiana, filed a state civil rights violation petition for

damages on October 25, 2018, stemming from alleged civil rights violations

committed against him by his court-appointed trial counsel, Autumn Harrell.

Specifically, Mr. Barker alleged that: Ms. Harrell acted unethically in violation of

the Louisiana Rules of Professional Conduct for failing to visit him to discuss his

case prior to the beginning of his criminal trial; for representing him despite having

a conflict of interest; and for allegedly suggesting to the jury during closing

arguments that Mr. Barker was guilty on at least one count, despite his desire to

maintain his innocence on all counts.'

Mr. Barker initially filed a complaint against Ms. Harrell with the Louisiana

Attorney Disciplinary Board ( LADB), which the LADB dismissed for its failure to

meet the burden of clear and convincing evidence that Ms. Harrell had engaged in

unethical conduct in violation of the Louisiana Rules of Professional Conduct. Mr.

Barker' s subsequent appeal of the LADB' s decision was also dismissed. Mr.

Barker then appealed that ruling to the Louisiana Supreme Court, and that appeal

was denied. With his remedies exhausted, Mr. Barker filed the present petition for

damages with the Nineteenth Judicial District Court, naming Ms. Harrell and the

LADB as defendants and seeking monetary damages from Ms. Harrell and a

reversal of the LADB' s dismissal of his complaint.

In response to the petition, the LADB filed exceptions raising the objections

of improper service and no cause of action. Ms. Harrell also filed exceptions

Mr. Barker was charged in Orleans Parish on nine counts, seven of which were felonies. After a trial by jury, he was found guilty as charged on six of the seven felony counts, and found guilty of a responsive misdemeanor on the seventh count. After a bench trial on the remaining two misdemeanor counts, Mr. Barker was found guilty on one count and not guilty on the other. 2 raising various objections, two of which were lack of subject matter jurisdiction

and improper venue. Following a hearing on February 11, 2019, the district court

ruled that the LADB' s exception raising the objection of improper service was

withdrawn, and the exception raising the objection of no cause of action was

granted. With respect to Ms. Harrell, the court ruled that her exceptions raising the

objections of lack of subject matter jurisdiction and improper venue were granted.

In a judgment signed on March 6, 2019, the district court dismissed Mr. Barker' s

petition against the LADB and Ms. Harrell with prejudice.

Mr. Barker applied for supervisory writs with this court on March 7, 2019 in

response to the district court' s judgment. We denied the application, finding that

the district court' s judgment of March 6, 2019 was final and appealable, and that

Mr. Barker could file a motion for appeal with the district court pursuant to La.

C. C. P. art. 2087. See Barker v. Louisiana Attorney Disciplinary Board, et al.,

2019- 0267 ( La. App. 1 Cir. 4/ 17/ 19), ( unpublished).

Notice of the March 6, 2019 judgment was mailed to Mr. Barker on March

11, 2019. Mr. Barker filed a motion for appeal on June 21, 2019, which was

granted by the district court on June 27, 2019. No motion for new trial had been

previously filed by Mr. Barker. This court issued an ex proprio motu order on

August 21, 2019 to show cause as to why the instant appeal should not be

dismissed for untimeliness. While this court' s writ panel maintained the appeal, it

reserved the final determination of whether the appeal should be maintained or

dismissed to the merits panel.

Louisiana Code of Civil Procedure article 2087( A)( 1) requires an appeal to

be taken within 60 days of either the expiration of the delay for applying for a new

trial or judgment notwithstanding the verdict, if no application has been timely

filed. The delay for applying for a new trial is seven days, exclusive of legal

holidays, after the mailing of the notice of judgment. La. C. C. P. art. 1974. In the 3 instant case, the notice of judgment was mailed on March 11, 2019. The delay for

Mr. Barker to file a motion for new trial ended on March 20, 2019. The delay to

file the instant appeal ended on May 20, 2019, and Mr. Barker did not file the

appeal until June 21, 2019. The instant appeal is therefore untimely on its face.

We recognize that Mr. Barker applied for supervisory writs on March 7,

2019 concerning the same issue as the instant appeal. Although we denied that

writ application on April 17, 2019, its filing did not suspend the running of the

delay for an appeal. See Everett v. Baton Rouge Student Housing, L.L.C., 2010-

0856 ( La. App. 1 Cir. 5/ 6/ 11), 64 So. 3d 883, 885- 86, writ denied, 2011- 1169 ( La.

9/ 16/ 11), 69 So. 3d 1149; Guillory v. Hartford Ins. Co., 383 So. 2d 144, 145 ( La.

App. 3 Cir. 1980). The instant appeal therefore must be dismissed as untimely.

This memorandum opinion is issued in compliance with Uniform Rules -Courts of

Appeal Rule 2- 16. 1. B. All costs are assessed to the plaintiff/appellant, Samuel

Barker.

APPEAL DISMISSED.