State v. Delozier

269 So. 3d 901
CourtLouisiana Court of Appeal
DecidedApril 10, 2019
DocketKH 18-177
StatusPublished

This text of 269 So. 3d 901 (State v. Delozier) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Delozier, 269 So. 3d 901 (La. Ct. App. 2019).

Opinion

SAUNDERS, Judge.

Troy Delozier's convictions and sentences were affirmed on appeal. State v. Delozier , 14-493 (La.App. 3 Cir. 11/12/14), 151 So.3d 173, writ denied as untimely filed, 14-2649 (La. 10/23/15), 177 So.3d 708, reconsideration granted, timely filed, denied on merits , 14-2649 (La. 4/8/16), 191 So.3d 578.

Relator filed an untitled pleading with the trial court, signed on September 18, 2017, requesting the production of documents. The untitled pleading does not contain a file date stamp. The pleading requested the following documents and that the trial court issue a mandamus to the clerk's office, the court reporter, and the District Attorney's Office, as follows:

1. The trial court's contemporaneous [transcribed] records required by law of:
(A) Grand jury proceedings of indictment.
(B) All pre trial motions and proceedings.
(C) Criminal court trial proceedings, including jury pool, jury strike sheet, and D.A. and defense counsel attendance of the Grand Jury trial, ALL.
2. Any bill of particulars.
3. District Court minute entries.
4. Copy of all D.A. files.
5. Copy of all bench recordings between judge, D.A. and counsel for Troy Delozier.

On February 8, 2018, the trial court granted Relator's request insofar as the request for the district court minutes pursuant to State ex rel. Simmons v. State , 93-275, 94-2630, 94-2879 (La. 12/16/94), 647 So.2d 1094. The trial court noted the record showed there was no bill of particulars filed in this case. The trial court ordered the court reporter to provide Relator with a cost estimate of production of the requested transcripts, noting that if there were any "bench recordings," the recordings would be encompassed within the trial transcript. Citing United States v. Proctor & Gamble Co, 356 U.S. 677, 78 S.Ct. 983, 2 L.Ed.2d 1077 (1958), the trial court denied the grand jury transcript and all the other documents related to the grand jury proceedings based on the need for grand jury secrecy. As for the District Attorney's files, the trial court noted that Relator must seek production of the copies from the District Attorney's Office.

Relator filed with this court a pleading entitled "Petitioner Moves for Writ of *903Mandamus to be Enforced for the Production of Documents, Pursuant to La.C.Cr.P. Art. 843, and La.R.S. 44:31, and La.R.S. 44:35," on March 2, 2018, wherein he desires this court to grant his requests for the production of documents pertaining to his convictions and sentences.

Relator attached to this writ application a copy of a letter to the Rapides Parish Clerk's Office requesting copies of the entire court record. The letter contains a filing date stamp of December 20, 2016.

Relator also attaches to this writ application a copy of a second letter to the Rapides Parish Clerk's Office requesting a copy of the entire court record and a form letter to the District Attorney's Office requesting all the District Attorney's files in his case pursuant to the public records law. These requests were signed and dated on July 6, 2017, by Relator.

Further included with this writ application is a "Motion to Temporarily Set Aside Supplement Post-Conviction Filing and Order for Extension of Time to File Supplemental Post-Conviction." This motion was signed by Relator on July 6, 2017, but does not contain a file date stamp.

Also included with this writ application is a letter dated July 28, 2017, from this court advising Relator that his request for the court records must be made to the district court clerk's office as they are the custodian of the records requested, a letter dated August 23, 2017, to the Rapides Parish Clerk's Office checking on the status of the request to extend filing date for the filing of a supplemental post-conviction application, and the above February 18, 2018 order from the trial court.

Relator does not challenge the trial court's ruling on his request for the grand jury transcripts and related materials. Accordingly, we will not address this issue.

Relator also contends in his writ application that he was granted an extension of the time limitation to file a supplement to the post-conviction relief application ("PCR"). He filed a "Motion to Temporarily Set Aside Supplemental Post-Conviction Filing and Order for Extension of Time to File Supplemental Post-Conviction" seeking an extension of time to supplement his PCR because he does not have his trial transcript. Relator complains, however, that the trial court never responded to the motion seeking an extension of time to supplement his PCR. In response to an information request to the trial court, on January 24, 2019, the trial court sent this court a copy of its docket listing, which does not reflect a pleading titled as or similarly to "Motion to Temporarily Set Aside Supplemental Post-Conviction Filing and Order for Extension of Time to File Supplemental Post-Conviction", nor does it reflect that anything was filed in July or August of 2017.

With Relator's September 14, 2017 untitled pleading, Relator apparently supplied the trial court with the above-referenced letters and requests for the records from both the Rapides Parish Clerk's Office and the District Attorney's Office. Relator requested that the trial court issue an order of mandamus to the clerk of court, the court reporter, and to the District Attorney's Office to supply him with copies of the requested records or copies at a reduced rate.

In McKnight v. State, 98-2258, p. 1 (La.App. 1 Cir. 12/3/98), 742 So.2d 894, 895-96, the first circuit discussed the procedure for filing a public records request or seeking records under La.Code Crim.P. art. 822, as follows:

A "person" who wants to examine public records must make the request to the custodian of the records. See La. R.S. 44:31 & 44:32. An individual in custody after sentence following felony conviction who has exhausted his appellate *904

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Related

United States v. Procter & Gamble Co.
356 U.S. 677 (Supreme Court, 1958)
Lemmon v. Connick
590 So. 2d 574 (Supreme Court of Louisiana, 1991)
Landis v. Moreau
779 So. 2d 691 (Supreme Court of Louisiana, 2001)
State Ex Rel. Simmons v. State
647 So. 2d 1094 (Supreme Court of Louisiana, 1994)
State Ex Rel. Bernard v. CRIM. DIST. COURT SECTION" J"
653 So. 2d 1174 (Supreme Court of Louisiana, 1995)
State Ex Rel. Nash v. State
604 So. 2d 1054 (Louisiana Court of Appeal, 1992)
State Ex Rel. Tassin v. Whitley
602 So. 2d 721 (Supreme Court of Louisiana, 1992)
State Ex Rel. McKnight v. State
742 So. 2d 894 (Louisiana Court of Appeal, 1998)
Range v. Moreau
678 So. 2d 537 (Supreme Court of Louisiana, 1996)
State v. Delozier
151 So. 3d 173 (Louisiana Court of Appeal, 2014)
Day v. Allen
129 So. 260 (Louisiana Court of Appeal, 1930)
State v. Leopaul
698 So. 2d 9 (Louisiana Court of Appeal, 1997)
State ex rel. Gray v. State
699 So. 2d 74 (Supreme Court of Louisiana, 1997)

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Bluebook (online)
269 So. 3d 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-delozier-lactapp-2019.