STATE OF LOUISIANA v. IN RE DELCOME EVANS (2024)

Relator, Delcome Evans, seeks mandamus relief that would order the trial court to rule upon his Motion to Request Documents in Anticipation of Filing an Application for Post-Conviction Relief (“the motion”) filed on July 19, 2023. Relator attached a copy of the motion to his writ application; however, we cannot verify if the application has been properly filed or ruled upon. 1

Accordingly, we provisionally grant relator's writ application and order the trial court to rule on the motion within 30 days of the date of this writ disposition, if it has not already done so, and provided that the motion was properly filed.

We further order the trial court to provide this court with a copy of its ruling referencing our case number above.

Gretna, Louisiana, this 8th day of February, 2024.

SJW

JJM

SUS

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

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

SCOTT U. SCHLEGEL

TIMOTHY S. MARCEL 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 02/08/2024 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:

24-KH-33

CURTIS B. PURSELL CLERK OF COURT

E-NOTIFIED

40th District Court (Clerk)

Honorable J. Sterling Snowdy (DISTRICT JUDGE)

Honorable Bridget A. Dinvaut (Respondent)

MAILED

Delcome Evans #429893 (Relator)

Rayburn Correctional Center

27268 Highway 21

Angie, LA 70426

FOOTNOTES

1.   The copy of the motion is not stamped as filed nor is the certificate of service signed and dated. Relator also included (a) a copy of a letter dated November 20, 2023, sent to the Clerk of Court, checking the status of the motion, which is not stamped as filed; and (b) an application for post-conviction relief (“APCR”), which is dated and signed January 18, 2024, but not file-stamped. Relator does not appear to seek mandamus relief with regard to his APCR.