State of Louisiana v. Matthew James Nolan

• Court: Louisiana Court of Appeal
• Decided: August 23, 2006
• Docket: KA-0006-0989
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

KA06-989

STATE OF LOUISIANA

VERSUS

MATTHEW JAMES NOLAN

**********

APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT PARISH OF SABINE, NO. 56353 HONORABLE CHARLES BLAYLOCK ADAMS

SYLVIA R. COOKS JUDGE

Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Jimmie C. Peters, Judges.

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

Hon. Don M. Burkett District Attorney P. O. Box 1557 Many, LA 71449 (318) 256-6246 COUNSEL FOR APPELLEE: State of Louisiana

Anita D. McKeithen McKeithen Law Office 616 Jordan Street Shreveport, LA 71101 (318) 222-0244 COUNSEL FOR APPELLANT: Matthew James Nolan Cooks, Judge.

On July 9, 2003, Defendant, Matthew James Nolan, was found guilty of second

degree murder following a bench trial. The Defendant was sentenced to life

imprisonment without the benefit of parole, probation or suspension of sentence on

November 7, 2003. The Defendant appealed and this court affirmed his conviction

and sentence on November 7, 2003. State v. Nolan, 04-360 (La.App. 3 Cir. 9/29/04),

882 So.2d 1246.

The Defendant filed an application for post-conviction relief in the trial court

on June 17, 2005. A hearing on the Defendant’s application for post-conviction relief

was held on March 3, 2006. The matter was taken under advisement, and on March

20, 2006, the trial court issued a “Ruling on Post-Conviction Relief Application,” in

which the application was denied. The Defendant filed a motion for appeal from the

trial court’s judgment denying his application for post-conviction relief, which was

granted by the trial court on April 11, 2006.

On August 7, 2006, this court issued a rule to show cause why the appeal in

this case should not be dismissed as the judgment at issue is not appealable. The

Defendant filed a brief with this court in response to the rule in which he

acknowledges that the judgment is not an appealable judgment, but requests that the

notice of appeal be changed to a notice of intent to file for supervisory writs.

Louisiana Code of Criminal Procedure Article 930.6(A) provides:

The petitioner may invoke the supervisory jurisdiction of the court of appeal if the trial court dismisses the application or otherwise denies relief on an application for post conviction relief. No appeal lies from a judgment dismissing an application or otherwise denying relief. (Emphasis added.)

Accordingly, the appeal in this case is hereby dismissed. Defendant-Appellant,

Matthew James Nolan, is hereby permitted to file a proper application for supervisory

1 writs, in compliance with Uniform Rules—Courts of Appeal, Rule 4, no later than

thirty days from the date of this decision. The 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-APPELLANT IS PERMITTED TO

FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY

DAYS FROM THE DATE OF THIS DECISION.