State of Louisiana v. Mary Henderson Trahan

• Court: Louisiana Court of Appeal
• Decided: August 5, 2015
• Docket: KA-0015-0452
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

15-452

VERSUS

MARY HENDERSON TRAHAN

************

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR 124728 HONORABLE EDWARD RUBIN, DISTRICT JUDGE

************ SYLVIA R. COOKS JUDGE ************

Court composed of Ulysses G. Thibodeaux, Chief Judge, Sylvia R. Cooks, and Elizabeth A. Pickett, Judges.

APPEAL DISMISSED. DEFENDANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY DAYS FROM THE DATE OF THIS DECISION.

Michael Harson District Attorney - 15th JDC P.O. Box 3306 Lafayette, LA 70502 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana

John Clay LeJeune Attorney at Law P.O. Box 1919 Crowley, LA 70527 (337) 788-1505 COUNSEL FOR APPELLANT: Mary Henderson Trahan Cooks, Judge. Defendant, Mary Henderson Trahan, was indicted for second degree murder,

a violation of La.R.S. 14:30.1, on June 3, 2009. Trial commenced on August 17,

2010, and on August 18, 2010, Defendant was found guilty as charged. Defendant

was sentenced on August 26, 2010, to life imprisonment without the benefit of

probation, parole, or suspension of sentence.

Defendant filed an appeal with this court. On July 6, 2011, this court

vacated the conviction and sentence and ordered the trial court to enter an

acquittal.1 State v. Trahan, 11-148 (La.App. 3 Cir. 7/6/11), 69 So.3d 1240. The

State sought review, and the Louisiana Supreme Court reversed this court’s

decision and reinstated Defendant’s conviction and sentence and remanded to the

trial court for execution of the sentence. State v. Trahan, 11-1609 (La. 7/2/12), 97

So.3d 994.

On June 30, 2014, Defendant timely filed an application for post-conviction

relief with the trial court, which was denied on November 6, 2014. On December

8, 2014, Defendant filed a notice of appeal and designation of record on appeal

with the trial court. On December 10, 2014, the trial court granted Defendant’s

motion with a “Return Date According to Law.”

On May 18, 2015, this court lodged the appeal record for this case. On May

19, 2015, this court issued a rule to show cause why this matter should not be

dismissed, as the judgment at issue is not an appealable judgment. La.Code

Crim.P. art. 930.6.

On June 15, 2015, defense counsel filed a response to this court’s rule to

show cause acknowledging that the proper remedy would have been to file an

1 Judge Gremillion dissented and found the evidence was sufficient to enter the responsive verdict of negligent homicide. application invoking supervisory jurisdiction and asking this court to consider the

appeal as an application for supervisory jurisdiction.

Defense counsel’s request to treat Defendant’s appeal in this case as an

application for supervisory jurisdiction is hereby denied, and the appeal is

dismissed. However, Defendant is hereby permitted to file a proper application for

supervisory writs, in compliance with Uniform Rules—Courts of Appeal, Rule 4,

no later than thirty days from the date of this decision. Defendant is not required to

file a notice of intent to seek writs nor obtain an order setting a return date pursuant

to Uniform Rules—Courts of Appeal, Rule 4-3, as we hereby construe the motion

for appeal as a timely-filed notice of intent to seek a supervisory writ.

APPEAL DISMISSED. DEFENDANT IS PERMITTED TO FILE AN

APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY DAYS

FROM THE DATE OF THIS DECISION.