State of Louisiana Versus Delcome Evans

Opinion

STATE OF LOUISIANA NO. 24-KH-127

VERSUS FIFTH CIRCUIT

DELCOME EVANS COURT OF APPEAL

STATE OF LOUISIANA

March 19, 2024

Susan Buchholz Chief 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 15,144

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Scott U. Schlegel

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Delcome Evans, seeks review of the trial court’s ruling on his

motion entitled, “Motion To Request Documents In Anticipation of Filing An

Application For Post-Conviction Relief.” Mr. Evans previously filed a writ of

mandamus on January 22, 2024, asking this Court to order the trial court to rule on

this motion. On February 8, 2024, this Court granted relator’s request for

mandamus relief and ordered the trial court to rule on relator’s motion within 30

days, if it had not already done so, and to provide this Court with a copy of the

ruling. See State v. Evans, 24-KH-33 (La. App. 5 Cir. 2/8/24). This Court did not

receive a response from the trial court.

Nevertheless, in his current writ application, relator contends that on

February 20, 2024, he received a copy of the trial court’s ruling dated August 23,

2023.1 The ruling, however, does not mention the subject motion and instead

1 Relator attaches a copy of an envelope with a return address for the trial court postmarked February 8, 2024. denies relator’s application for post-conviction relief (“APCR”). According to the

attachments provided by Mr. Evans with his writ application, he filed a uniform

APCR form at the same time that he filed the motion requesting documents.2

Relator also attaches correspondence from the trial court dated December 11, 2023,

which he contends was included with the ruling he recently received. In this

correspendence, the trial court explains that it denied relator’s APCR and “took no

action on the Motion to Request Documents since the APCR was dismissed upon

the ground of untimeliness.”

Accordingly, it appears that the trial court considered relator’s motion

requesting documents to be moot and, as a result, did not enter a formal ruling on

the motion. However, because we are not a court of first impression, we cannot

consider relator’s writ application without a formal ruling from the trial court on

relator’s motion. Accordingly, we grant this writ application for the limited

purpose of again ordering the trial court to enter a formal ruling on relator’s

“Motion To Request Documents In Anticipation of Filing An Application For

Post-Conviction Relief.” We further order that the trial court provide this Court

with a copy of its ruling referencing our case number above.

Gretna, Louisiana, this 19th day of March, 2024.

SUS FHW JGG

2 The APCR does not list or explain any grounds or claims upon which relator seeks post-conviction relief. 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 03/19/2024 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-127 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