Wesley Sinclair Ricks v. Brian L. Spillman, Kenneth Havard, Samuel C. D'Aquila, Timothy Hooper, and James Leblanc

Opinion

WESLEY SINCLAIR RICKS NO. 2024 KW 0229

VERSUS

BRIAN L. SPILLMAN, KENNETH HARVARD, SAMUEL C. D' AQUILA, TIMOTHY HOOPER, AND JAMES JUNE 17, 2024 LEBLANC

In Re: Wesley Sinclair Ricks, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23- WCR- 569.

BEFORE: GUIDRY, C. J., WELCH AND THERIOT, JJ.

WRIT DENIED. A pleading is construed for what it really is, not for what it is erroneously called. See Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09) , 6 So. 3d 890, 892, writ

denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824, cert. dismissed, 560 U. S. 921, 130 S. Ct. 3325, 176 L. Ed. 2d 1216 ( 2010) . Although

relator captioned his pleading as a " Petition For Writ of Habeas Corpus," the remedy he seeks is in the nature of a request for postconviction relief. See La. Code Crim. P. art. 924( 1). Applications for postconviction relief shall be filed in the parish in which the petitioner was convicted. La. Code Crim. P. art. 925. Relator was convicted in Morehouse Parish, but filed his " Petition For Writ of Habeas Corpus" in West Feliciana Parish. Accordingly, the district court denied correctly

relator' s " Petition For Writ of Habeas Corpus." Relator should

file his pleading with the Fourth Judicial District Court, which

is the proper venue.

JMG JEW MRT