STATE OF LOUISIANA v. IN RE TERRY HARRIS (2023)

In this pro se writ application seeking mandamus relief, relator, Terry Harris, asserts that he has never received a copy of the trial court's December 2022 ruling denying his application for post-conviction relief. Relator states that he needs a copy of this ruling in order to seek supervisory review in this Court.

On November 17, 2022, relator filed an APCR with the trial court in which he raised a claim of factual innocence. On December 5, 2022, the trial court found no merit to relator's claim and denied relief. The trial court's December 5, 2022 ruling indicates that the service address for relator was the Louisiana State Penitentiary. The official record contains a copy of the ruling with a return stamp and notation stating: “Subject is not at Louisiana State Penitentiary. Subject is at Rayburn Correctional Center.” Additionally, the envelope containing relator's writ application bears a stamp from the Rayburn Correctional Center.

The record does not indicate that relator was ever served with a copy of the December 5, 2022 ruling at his correct address. Accordingly, we grant relator's request for mandamus relief and order the trial court to properly serve relator with its December 5, 2022 Order at the B.B. Rayburn Correctional Center, 27268 LA-21, Angie, LA 70426.

Gretna, Louisiana, this 12th day of July, 2023.

CER

SJW

JMV

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY

CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

ROBERT A. CHAISSON

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

CORNELIUS E. REGAN, PRO TEM

JUDGES

CURTIS B. PURSELL

CLERK OF COURT

SUSAN S. BUCHHOLZ

CHIEF DEPUTY CLERK

LINDA M. WISEMAN

FIRST DEPUTY CLERK

MELISSA C. LEDET

DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

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 07/12/2023 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-304

CURTIS B. PURSELL CLERK OF COURT

E-NOTIFIED

24th Judicial District Court (Clerk)

Honorable Nancy A. Miller (DISTRICT JUDGE)

Thomas J. Butler (Respondent)

MAILED

Terry Harris #433105 (Relator)

Rayburn Correctional Center

27268 Highway 21

Angie, LA 70426