State Of Louisiana v. Andre Thomas

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0907

VERSUS

ANDRE THOMAS NOVEMBER 19, 2020

In Re: Andre Thomas, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04- 18- 0599.

BEFORE: MCDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED AS MOOT. The Clerk of Court of East Baton Rouge Parish has no record of receiving a Petition for Writ of Habeas Corpus ( allegedly filed on July 22, 2020). Relator should file the motion with the clerk of court of the district court before seeking relief from this court. However, the record reflects

that relator has been indicted for the charge at issue in his petition for a writ of habeas corpus, and trial is set for April 26, 2021. Therefore, a request for release under La. Code Crim. P. art. 701( B) is moot. See State v. Varmall, 539 So. 2d 45 ( La. 198 9 ) ( per curiam) .

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AHP

COURT OF APPEAL, FIRST CIRCUIT

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