State Of Louisiana v. Derrick Pierre

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST. CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1032

VERSUS

DERRICK PIERRE DECEMBER 30, 2020

In Re: Derrick Pierre, applying for writs, 19th supervisory Judicial District Court, Parish of East Baton Rouge, No. 06- 97- 0846.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT DENIED. Relator was previously informed by this court that the District Attorney' s Office no longer has possession of his case file in docket number 06- 97- 0846, as it has been destroyed. See Pierre v. E. Baton Rouge Par. Clerk of Court, 2017- 0688 ( La. App. 1st Cir. 11/ 1/ 17), 233 So. 3d 92, writ denied, 2018-- 0078 ( La. 1/ 14/ 19), 260 So. 3d 1216. Furthermore, there is no indication that relator has filed an application for postconviction relief in the district court based upon the decision in Ramos v. Louisiana, U. S. , 140 S. Ct. 13901 206 L. Ed. 2d 583 ( 2020). See State ex rel. Bernard v. Criminal Dist. Court Section " ill, 94- 2247 ( La. 4/ 28/ 95), 653 So. 2d 1174, 1175 ( per curiam). Therefore, the district court' s ruling denying the motion to compel production of documents on the ground that the request is premature is correct.

JMG PMc WIL

COURT OF APPEAL, FIRST CIRCUIT

JU

DEPUTY CL RK OF COURT FOR THE COURT