Wells v. Criminal District Court of Orleans Parish

198 So. 3d 283, 2016 La.App. 4 Cir. 0181, 2016 La. App. LEXIS 1591, 2016 WL 4485110
CourtLouisiana Court of Appeal
DecidedAugust 24, 2016
DocketNo. 2016-CA-0181
StatusPublished
Cited by3 cases

This text of 198 So. 3d 283 (Wells v. Criminal District Court of Orleans Parish) 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
Wells v. Criminal District Court of Orleans Parish, 198 So. 3d 283, 2016 La.App. 4 Cir. 0181, 2016 La. App. LEXIS 1591, 2016 WL 4485110 (La. Ct. App. 2016).

Opinion

JOY COSSICH LOBRANO, Judge.

|, This is a public records request dispute, in which the plaintifi/appellant, Tyr-onne 1 Wells (“Wells”), appeáls the December 4, 2015 judgment of the Civil District Court for the Parish of Orleans (the “district court”), dismissing the mandamus proceedings brought by Wells for lack of jurisdiction.

On September 8, 2004, Wells was convicted by a jury of aggravated robbery and was subsequently adjudicated a fourth felony offender. On December 9, 2004, Wells was sentenced as a multiple offender to 40 years at hard labor without benefit of probation, parole or suspension of sentence, and with credit for time served. On August 3,12005, Wells’ conviction was affirmed, as amended,2 by this Court, and his application for writ of review was denied by the Louisiana Supreme Court. State v. Wells, unpub., 2005-0334 (La.App. 4 Cir. 8/3/05, 915 So.2d 1050), writ denied, 2005-2569 (La.6/14/06), 929 So.2d 1267.

In his criminal case, Wells commenced filing a series of post-conviction requests for document production beginning in 2006 and continuing until- the ^present time. [285]*285He also filed an application for post-conviction relief, which was denied by the district court on February 22, 2008. This Court found no error in the district court’s judgment. State v. Wells, unpub., 2009-1382 (La.App. 4 Cir. 10/22/09). Wells is currently incarcerated.

On August 5, 2015, Wells, in proper person, filed an application for writ of mandamus in the Civil District Court naming the Criminal District Court of Orleans Parish Section “L,” court reporter Dawn Plaisance (“Plaisance”), former judge Terry Alarcon, current presiding Judge Franz Zibilich (“Judge Zibilich”), and the Orleans Parish District Attorney’s Office as defendants. Wells alleges that, in his criminal case, he requested and paid for numerous documents and that his requests for production of documents were denied. He concedes that "each of these requests was filed in and/or adjudicated by the Criminal District Court of Orleans Parish (“criminal court”) and reviewed by this Court on applications for supervisory writs.’

On October 15, 2015, the district court ordered that a contradictory hearing be held on the briefs only but denied Wells’ request for a unit 'of habeas corpus ad testificadum and his request for appointment of counsel.

On November 23, 2015, the criminal court, Judge Zibilich, and Plaisance (collectively “appellees”) filed a response to the mandamus action, arguing that Judge Zibi-lich-provided Wells with all of the documents he requested with the exception of the transcript of the jury voir dire from Wells’ mistrial in 2004, a |3mistrial which took place before Wells’ 2004 conviction.3 The appellees argued that the voir dire is untranscribed, is not a public record, that Wells failed to pay for the transcript, and that the transcript is not relevant to any grounds on which Wells could seek post-conviction relief. Together with their response, the appellees also filed an exception of no cause of action.

On December 4, 2015, the district court heard the mandamus action on the briefs without oral argument. On the same date, the district court rendered judgment dismissing the mandamus action in its entirety with prejudice at Wells’ expense, the district court finding that it had no jurisdiction over this matter. This appeal followed.

Wells raises three main issues on appeal: (1) whether the district court erred by rendering judgment on the briefs and denying an in-court hearing; (2) whether the district court erred in finding that it had no jurisdiction over the mandamus proceedings; and (3) whether Wells is entitled to civil penalties under the public records law.

We first address. whether the district court erred by denying Wells’ request to be present in court for a contradictory hearing. A mandamus proceeding brought under the public records law is a civil action. See Landis v. Moreau, 2000-1157, p. 8 (La.2/21/01), 779 So.2d 691, 696. “The determination of whether a prisoner-party in a civil action should appear personally in court for the trial of the action rests in the discretion of the trial court.” Payne v. Ouachita Par. Tax Assessor Custodian of Records, 49,116, p. 7 (La.App. 2 Cir. 7/9/14), 146 So.3d 675, 680 (citing Leeper v. Leeper, 44,777, p. 7 (La.App. 2 Cir. 9/23/09), 21 So.3d 1006, 1010-11; Ballard v. Spradley, 557 F.2d 476 (5th Cir.1977)). Thus, we must determine whether the district court abused its dis[286]*286cretion in denying the writ of habeas corpus ad testificadum. See Boyd v. Times Picayune, 2012-0375, pp. 5-6 (La.App. 5 Cir. 11/27/12), 105 So.3d 956, 959.

As the Second Circuit explained in Beeper:

A prisoner has a right of access to' state •and federal civil courts. La. Const, art. 1, § 22; Pollard v. White, 738 F.2d 1124 (11th Cir.1984), cert. denied, 469 U.S. 1111, 105 S.Ct. 791, 83 L.Ed.2d 785 (1985); Taylor v. Broom, 526 So.2d 1367 (La.App. 1st Cir.1988). However, this right does not necessarily include the right to be physically present at the trial of a civil suit. Pollard, 738 F.2d at 1125; Jones v. Phelps, 374 So.2d 144 (La.App. 1st Cir.1979); Taylor v. Broom, supra. Generally, prisoners who bring civil actions have no right to be personally present, in court at any. stage of the action. Holt v. Pitts, 619 F.2d 558 (6th Cir.1980). Lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, among which- is the right of a prisoner to plead and manage his action in court personally. Price v. Johnston, 334 U.S. 266, 285-86, 68 S.Ct. 1049, 1060, 92 L.Ed. 1356 (1948), overruled on other grounds by McCleskey v. Zant, 499 U.S. 467, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991).

Leeper, 44,777 at p. 6, 21 So.3d at 1010.

This Court has applied the four-factor test set forth by the U.S.' Fifth Circuit to determine if an inmate may be physically present at a hearing or trial of a civil action. Monroe v. New Orleans Police Dep’t, 2014-0233, pp. 8-9 (La.App. 4 Cir. 9/17/14), 150 So.3d 354, 359-60 (citing Ballard, 557 F.2d at 480-81). Those factors are: (1) whether the inmate’s presence will substantially further the resolution of the case; (2) the security risks presented by the inmate’s presence; (3) |Bthe expense of the inmate’s transportation and safe keeping; and' (4) whether the suit can be stayed until the inmate is released without prejudice to the cause asserted. Id.

In Monroe, this Court set forth its analysis as follows:

In the instant matter, Mr. Monroe was allowed to submit his argument via brief which allowed him to further the resolution of the case at hand. Further, because Mr. Monroe is a prisoner the Court is allowed, at its discretion, to determine-if Mr.

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198 So. 3d 283, 2016 La.App. 4 Cir. 0181, 2016 La. App. LEXIS 1591, 2016 WL 4485110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-criminal-district-court-of-orleans-parish-lactapp-2016.