State of Louisiana Versus Delcome Evans

• Court: Louisiana Court of Appeal
• Decided: February 8, 2024
• Docket: 24-KH-33
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 24-KH-33

VERSUS FIFTH CIRCUIT

DELCOME EVANS COURT OF APPEAL

STATE OF LOUISIANA

February 08, 2024

Linda Wiseman First Deputy Clerk

IN RE DELCOME EVANS

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING SNOWDY, DIVISION "C", NUMBER 2015-CR-144

Panel composed of Judges Stephen J. Windhorst, John J. Molaison, Jr., and Scott U. Schlegel

WRIT GRANTED; REMANDED

Relator, Delcome Evans, seeks mandamus relief that would order the trial

court to rule upon his Motion to Request Documents in Anticipation of Filing an

Application for Post-Conviction Relief (“the motion”) filed on July 19, 2023.

Relator attached a copy of the motion to his writ application; however, we cannot

verify if the application has been properly filed or ruled upon.1

Accordingly, we provisionally grant relator’s writ application and order the

trial court to rule on the motion within 30 days of the date of this writ disposition, if

it has not already done so, and provided that the motion was properly filed.

1 The copy of the motion is not stamped as filed nor is the certificate of service signed and dated. Relator also included (a) a copy of a letter dated November 20, 2023, sent to the Clerk of Court, checking the status of the motion, which is not stamped as filed; and (b) an application for post-conviction relief (“APCR”), which is dated and signed January 18, 2024, but not file-stamped. Relator does not appear to seek mandamus relief with regard to his APCR. We further order the trial court to provide this court with a copy of its ruling

referencing our case number above.

Gretna, Louisiana, this 8th day of February, 2024.

SJW JJM SUS SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 02/08/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-33 E-NOTIFIED 40th District Court (Clerk) Honorable J. Sterling Snowdy (DISTRICT JUDGE) Honorable Bridget A. Dinvaut (Respondent)

MAILED Delcome Evans #429893 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426