STATE OF LOUISIANA v. DELCOME EVANS (2024)

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Delcome Evans, seeks review of the trial court's ruling on his motion entitled, “Motion To Request Documents In Anticipation of Filing An Application For Post-Conviction Relief.” Mr. Evans previously filed a writ of mandamus on January 22, 2024, asking this Court to order the trial court to rule on this motion. On February 8, 2024, this Court granted relator's request for mandamus relief and ordered the trial court to rule on relator's motion within 30 days, if it had not already done so, and to provide this Court with a copy of the ruling. See State v. Evans, 24-KH-33 (La. App. 5 Cir. 2/8/24). This Court did not receive a response from the trial court.

Nevertheless, in his current writ application, relator contends that on February 20, 2024, he received a copy of the trial court's ruling dated August 23, 2023.¹ The ruling, however, does not mention the subject motion and instead denies relator's application for post-conviction relief (“APCR”). According to the attachments provided by Mr. Evans with his writ application, he filed a uniform APCR form at the same time that he filed the motion requesting documents.² Relator also attaches correspondence from the trial court dated December 11, 2023, which he contends was included with the ruling he recently received. In this correspendence, the trial court explains that it denied relator's APCR and “took no action on the Motion to Request Documents since the APCR was dismissed upon the ground of untimeliness.”

Accordingly, it appears that the trial court considered relator's motion requesting documents to be moot and, as a result, did not enter a formal ruling on the motion. However, because we are not a court of first impression, we cannot consider relator's writ application without a formal ruling from the trial court on relator's motion. Accordingly, we grant this writ application for the limited purpose of again ordering the trial court to enter a formal ruling on relator's “Motion To Request Documents In Anticipation of Filing An Application For Post-Conviction Relief.” We further order that the trial court provide this Court with a copy of its ruling referencing our case number above.

Gretna, Louisiana, this 19th day of March, 2024.

SUS

FHW

JGG

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 03/19/2024 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-127

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.   Relator attaches a copy of an envelope with a return address for the trial court postmarked February 8, 2024.

2.   The APCR does not list or explain any grounds or claims upon which relator seeks post-conviction relief.