State of Louisiana Versus Glynn Juniors

• Court: Louisiana Court of Appeal
• Decided: September 8, 2023
• Docket: 23-KH-379
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 23-KH-379

VERSUS FIFTH CIRCUIT

GLYNN JUNIORS COURT OF APPEAL

STATE OF LOUISIANA

September 08, 2023

Linda Wiseman First Deputy Clerk

IN RE GLYNN JUNIORS, JR.

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 98,12

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Glynn Juniors, seeks review of the trial court’s March 22, 2023 order

denying his application for post-conviction relief (“APCR”) filed in the 40th Judicial

District Court on December 29, 2022. Relator was indicted in St. John the Baptist Parish

for first degree murder. However, pursuant to a defense motion for change of venue, the

case was transferred to Vermillion Parish in the 15th Judicial District Court, where he was

convicted and sentenced.1 As a result, Relator should have filed his APCR in Vermillion

Parish.2

Therefore, we find that the 40th Judicial District Court was not the proper venue for

the filing of Relator’s APCR. Accordingly, we grant the writ application for the limited

purpose of vacating the trial court’s March 22, 2023 order.

Gretna, Louisiana, this 8th day of September, 2023.

MEJ SMC JJM

1 See, State v. Juniors, 05-649 (La. App. 3 Cir. 12/30/05), 918 So.2d 1137, for the underlying facts of the matter. 2 See, La. C.Cr.P. art. 925, which states, “Applications for post conviction relief shall be filed in the parish in which the petitioner was convicted.” 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 ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. SCOTT U. SCHLEGEL 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 09/08/2023 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:

23-KH-379 E-NOTIFIED 40th District Court (Clerk) Honorable J. Sterling Snowdy (DISTRICT JUDGE) Honorable Bridget A. Dinvaut (Respondent)

MAILED Talia N. MacMath (Relator) Naila K. Campbell (Relator) Matilde J. Carbia (Relator) Attorney at Law 1340 Poydras Street Suite 1700 New Orleans, LA 70112 SENDE::R C01'.fF'lFTF 1.tlS SLCTIO'J

• Complete Items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the m~lece, or on the front If its. 1. Article Addressed ~ Talia N. MacMath Attorney at Law 1340 Poydras Street Suite 1700 New Orleans, LA 70112 23-Kn-_,, , 09-0&-23

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PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Retum Receipt