State Of Louisiana v. Samuel Lee Hamilton, Jr.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0181

VERSUS

SAMUEL LEE HAMILTON, JR.

APR 2 8 2020

In Re: Samuel Lee Hamilton, Jr., applying for supervisory 19th

writs, Judicial District Court, Parish of East

Baton Rouge, No. 09- 88- 0898

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' 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 November 11, 2019). Relator should

file the motion with the clerk of court of the district court before seeking relief from this court. Further, the record reflects relator has been billed, tried, and convicted for the charge at issue in his petition for a writ of habeas corpus. Therefore, a request for release under La. Code Crim. P. art.

701( B) is moot. See State v. Varmall, 539 So. 2d 45 ( La. 1989) per curiarrm) .

VGW

JMG

WJB

COURT OF APPEAL, FIRST CIRCUIT

2t DEPUTY C ERK OF COURT FOR THE COURT

Judge W_ lliam J. Burris, retired, serving pro tempore by special appointmerill of the Louisiana Sup_ eme Court.