State v. Cordero , 993 So. 2d 203 ( 2008 )

993 So.2d 203 (2008)

STATE of Louisiana
v.
Sandra CORDERO.

No. 2008-KH-1717.

Supreme Court of Louisiana.

October 3, 2008. Opinion Concurring in Denial of Rehearing October 31, 2008.

PER CURIAM.

Petitioner complains in her application that the internal operating procedures of the Fifth Circuit Court of Appeal effectively deprived her of supervisory review of a district court judgment denying her post-conviction relief in 2001 and resulted in an order from the court of appeal which did not conform to the requirements of La. Const. art. V, § 8(B). Cordero v. Jones, Warden, 01-1085 (La.9/20/02) (Dufresne, Cannella, Edwards, JJ.; Dufresne, J., for the court), writ denied, 01-3017 (La.9/20/02), 825 So.2d 1167. The application asks for various forms of relief, including merits review of her claims originally presented in her 2001 application.

This Court has received several hundred applications raising similar claims and asking for similar relief filed by petitioners whose pro se applications were denied by the Fifth Circuit from February 8, 1994 to May 21, 2007. (See 08-KH-1718 through 08-KH-1726; 08-KH-1729 through 08-KH-1730; 08-KH-1732 through 08-KH-1734; 08-KH-1736 through 08-KH-1743; 08-KH-1748 through 08-KH-1755; 08-KH-1757 through 08-KH-1766; 08-KH-1770 through 08-KH-1802; 08-KH-1804 through 08-KH-1813; 08-KH-1816 through 08-KH-1818; 08-KH-1821 through 08-KH-1823; 08-KH-1825 through 08-KH-1844; 08-KH-1846; 08-KH-1848 through 08-KH-1854; 08-KH-1856 through 08-KH-1862; 08-KH-1866 through 08-KH-1878; 08-KH-1880; 08-KH-1882 through 08-KH-1884; 08-KH-1886 through 08-KH-1889; 08-KH-1891 through 08-KH-1892; 08-KH-1904 through 08-KH-1910; 08-KH-1913 through 08-KH-1925; 08-KH-1930 through 08-KH-1938; 08-KH-1941 through 08-KH-1946; 08-KH-1948; 08-KH-1952 through 08-KH-1954; 08-KH-2002; 08-KH-2004 through 08-KH-2009; 08-KH-2015 through 08-KH-2017; 08-KH 2028 through 08-KH-2033; 08-KH-2043; 08-KH-2047 through 08-KH-2054; 08-KH-2056; 08-KH-2061; 08-KH-2063 through 08-KH-2065; 08-KH-2067 through 08-KH-2069; 08-KH 2071 through 08-KH-2074; 08-KH 2083; 08-KH-2087 through 08-KH-2089; 08-KH-2091 through 08-KH-2093; 08-KH-2110 through 08-KH-2112; 08-KH 2116; 08-KH-2120 through 08-KH-2121; 08-KH-2206; 08-KH-2216 through 08-KH-2219; 08-KH-2221 through 08-KH-2222; 08-KH-2234 through 08-KH-2239; 08-KH-2241; 08-KH-2269 through 08-KH-2270; 08-KH-2272 through 08-KH-2277; 08-KH-2280 through 08-KH-2286; 08-KH-2298; 08-KH-2300; 08-KH-2305 through 08-KH-2308; 08-KH-2322 through 08-KH-2324; 08-KH-2326 through 08-KH-2328; 08-KH-2332 through 08-KH-2333; 08-KH-2360 through 08-KH-2361; 08-KH-2369; 08-KH-2372 through 08-KH-2381; and 08-KH-2384.)

We have also received from the Fifth Circuit Court of Appeal an en banc resolution unanimously adopted by that court on September 9, 2008, recommending that this Court transfer all of these applications to the court of appeal for random allotment to a panel of three judges drawn from five judges on that court, Chehardy, McManus, Wicker, Guidry, JJ., and Jasmine, Pro Tem. The en banc resolution also sets out internal procedures designed to promote completely independent review by the randomly-selected panels.

Therefore, in accordance with the Resolution of the Fifth Circuit Court of Appeal en banc, the application of Sandra Cordero is herewith transferred to the Fifth Circuit Court of Appeal for consideration according to the procedures outlined in the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. These three-judge panels are to be insulated from all persons, other than the panel judges and their respective personal staffs. This Court also determines that the applications presently filed and pending in this Court by petitioners, raising similar claims and enumerated hereinabove should also be handled in accordance with the procedures outlined in this Order and the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. Further, this Court also determines under its supervisory authority that the applications presently filed and pending in the Fifth Circuit Court of Appeal by those petitioners who raise similar claims should also be handled in accordance with the procedures outlined in this Order and the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008.

A copy of the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008 and a list of the similar applications to be transferred by this Court shortly to the Fifth Circuit Court of Appeal in separate actions are appended to this Order.

WEIMER, J., dissents and assigns reasons.

KIMBALL, J., concurs in denial of rehearing and assigns reasons, joined by VICTORY, TRAYLOR and KNOLL, JJ.

JOHNSON and WEIMER, JJ., would grant rehearing.

APPENDIX

MINUTES

MINUTES OF THE EN BANC MEETING OF THE JUDGES OF THE FIFTH CIRCUIT COURT OF APPEAL

PRESENT: CHIEF JUDGE EDWARD A. DUFRESNE, JR.

JUDGE MARION F. EDWARDS

JUDGE SUSAN M. CHEHARDY

JUDGE CLARENCE E. MCMANUS

JUDGE WALTER J. ROTHSCHILD

JUDGE FREDERICA HOMBERG WICKER

JUDGE GREG G. GUIDRY By Proxy

A quorum of the Judges being present, the meeting was called to order on September 9, 2008, by Chief Judge Edward A. Dufresne, Jr.

The Chief Judge distributed a Resolution which was reviewed and discussed by all. Following this discussion the Resolution was amended, the amendments discussed and the Resolution, as amended, was called for a vote. The Resolution (See Exhibit "A"), was moved by J. Edwards and seconded by J. Wicker and passed unanimously.

The provisions of the Resolution will not be implemented until acted upon by the Supreme Court. This too was approved by this court en banc.

The next en banc meeting is scheduled for September 16, 2008.

9-9-2008 DATE 9-9-2008 DATE /s/ Walter J. Rothschild JUDGE WALTER J. ROTHSCHILD RECORDING JUDGE /s/ Edward A. Dufresne, Jr. CHIEF JUDGE EDWARD A. DUFRESNE, JR. APPROVED BY:

RESOLUTION

Recommend to the Supreme Court the following possible solution to the Pro-Se Criminal Writ applications complaining that earlier applications by those same applicants had received inadequate review by this Court.

First, we are proposing that you consider remanding each of the current applications in your court to this court with direction that they be assigned to respective three-judge panels randomly selected from five judges of this court; namely, Judges Chehardy, McManus, Wicker, Guidry and Pro Tempore Jasmine who incidentally have had no hand in the process by which this court earlier handled these multiple applicants' earlier writs in this court.

Under this proposal, the applications will be controlled, handled and considered only by those five judges and such members of their respective personal staffs selected by them as a group, and as approved by the respective panels. Furthermore, none of the other three judges on this court will be involved in any way in consideration of the work of the three-judge panels, or conversant in any way with the five-panel judges to be assigned to handle these cases and their respective personal staff members which the five judges alone will choose to have assist them.

We are guided in this request by a desire to avoid imposing; financial or other burdens on other judges in this state who might otherwise be called upon to consider these cases out of our court.

Above Resolution adopted this 9th day of September, 2008 at an En Banc Meeting of the Fifth Circuit Court of Appeal.

Cases Transferred by Order of the Court

08-KH-1717 State ex rel. Sandra Cordero v. State

08-KH-1718 State ex rel. Jamie Simmons v. State

08-KH-1719 State ex rel. Dessie Tucker v. State

08-KH-1720 State ex rel. Kim Jackson v. State

08-KH-1721 State ex rel. Wesley Guillard v. State

08-KH-1722 State ex rel. Leo Pineyro v. State

08-KH-1723 State ex rel. Theodore Mathis v. State

08-KH-1724 State ex rel. Antoinette Holmes v. State

08-KH-1725 State ex rel. Kenneth A. Edwards v. State

08-KH-1726 State ex rel. Edna Gibson v. State

08-KH-1729 State ex rel. Rhonda K. Oliver v. State

08-KH-1730 State ex rel. Dwayne Simms v. State

08-KH-1732 State ex rel. Castadell Ruffin v. State

08-KH-1733 State ex rel. Michael Brown v. State

08-KH-1734 State ex rel. Alexander Hymes v. State

08-KH-1736 State ex rel. Carolyn Lee Moore v. State

08-KH-1737 State ex rel. Zannie Neal v. State

08-KH-1738 State ex rel. Jimmie D. Sprinkle v. State

08-KH-1739 State ex rel. Dwayne Lee Rodrigues v. State

08-KH-1740 State ex rel. David Patterson v. State

08-KH-1741 State ex rel. Melvin Faucheaux v. State

08-KH-1742 State ex rel. Clarence Williams v. State

08-KH-1743 State ex rel. Claude Quest v. State

08-KH-1748 State ex rel. Michael Wilson v. State

08-KH-1749 State ex rel. Glen Styles v. State

08-KH-1750 State ex rel. Cathy Johnson v. State

08-KH-1751 State ex rel. Leon Williams Jr. v. State

08-KH-1752 State ex rel. James Flowers v. State

08-KH-1753 State ex rel. Larry Harris v. State

08-KH-1754 State ex rel. Jimmie Level Jr. v. State

08-KH-1755 State ex rel. Derrick Estes v. State

08-KH-1757 State ex rel. Stanley C. Veal v. State

08-KH-1758 State ex rel. David Boudreaux v. State

08-KH-1760 State ex rel. Johnny Luna v. State

08-KH-1761 State ex rel. Terri Revere v. State

08-KH-1762 State ex rel. Bertha Lawrence v. State

08-KH-1763 State ex rel. Helen Lane v. State

08-KH-1764 State ex rel. Van D. Hudson v. State

08-KH-1765 State ex rel. Joseph Wiggins v. State

08-KH-1766 State ex rel. April George v. State

08-KH-1770 State ex rel. Rannell Craig v. State

08-KH-1771 State ex rel. Carrie Bell v. State

08-KH-1772 State ex rel. Charlonda Hymes v. State

08-KH-1773 State ex rel. Melvin Frank v. State

08-KH-1774 State ex rel. Linroy Douglas v. State

08-KH-1775 State ex rel. Payton Funchess v. State

08-KH-1776 State ex rel. Eric Hurst v. State

08-KH-1777 State ex rel. Walter Bailey v. State

08-KH-1778 State ex rel. Derrick Chairs v. State

08-KH-1779 State ex rel. Cedrick Washington v. State

08-KH-1780 State ex rel. Era Sanders v. State

08-KH-1781 State ex rel. Joseph Jerome Jr. v. State

08-KH-1759 State ex rel. Kenneth Wilson v. State

08-KH-1782 State ex rel. Waldo Short v. State

08-KH-1783 State ex rel. Cesar Roca Sr. v. State

08-KH-1784 State ex rel. Robert McCloud v. State

08-KH-1785 State ex rel. Thaddeus Johnson v. State

08-KH-1786 State ex rel. James Odoms v. State

08-KH-1787 State ex rel. Donald Muse v. State

08-KH-1788 State ex rel. Aaron Gentras v. State

08-KH-1789 State ex rel. Marvin Wallace v. State

08-KH-1790 State ex rel. Minnie McCaleb v. State

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08-KH-1911 State ex rel. Minnie McCaleb v. State

08-KH-1791 State ex rel. Darrel Jones v. State

08-KH-1792 State ex rel. Lionel Jones v. State

08-KH-1793 State ex rel. William Brown, III v. State

08-KH-1794 State ex rel. Eric Isaac v. State

08-KH-1795 State ex rel. Marcel Dugar v. State

08-KH-1796 State ex rel. Troy McCloud v. State

08-KH-1797 State ex rel. Willie Curtis v. State

08-KH-1798 State ex rel. Gill W. Jasmine v. State

08-KH-1799 State ex rel. Angel Nieves v. State

08-KH-1801 State ex rel. Morris Price v. State

08-KH-1802 State ex rel. Marlon C. Page v. State

08-KH-1804 State ex rel. Louie M. Schexnayder v. State

08-KH-1805 State ex rel. Rodney Taylor v. State

08-KH-1806 State ex rel. John W. Tonubee v. State

08-KH-1807 State ex rel. Charlie Brown v. State

08-KH-1808 State ex rel. Alan Maise v. State

08-KH-1809 State ex rel. Anthony Diggs v. State

08-KH-1810 State ex rel. Adolph R. Boles v. State

08-KH-1811 State ex rel. Henry L. Fisher v. State

08-KH-1812 State ex rel. Derrick Hopson v. State

08-KH-1813 State ex rel. Aaron Wilford v. State

08-KH-1816 State ex rel. Dermon Rodriguez v. State

08-KH-1817 State ex rel. Keith Mosley v. State

08-KH-1818 State ex rel. Clifford Wright v. State

08-KH-1821 State ex rel. Vernon Francis v. State

08-KH-1822 State ex rel. Kirk Bell v. State

08-KH-1823 State ex rel. Arthur Rhodes v. State

08-KH-1825 State ex rel. Ronnie Smith v. State

08-KH-1800 State ex rel. Robert Roussell v. State

08-KH-1826 State ex rel. Jevine Haley v. State

08-KH-1827 State ex rel. Marvin Johnson v. State

08-KH-1828 State ex rel. George Wade v. State

08-KH-1829 State ex rel. Tommy L. Bordelon v. State

08-KH-1830 State ex rel. William Smith v. State

08-KH-1831 State ex rel. Larry Walker v. State

08-KH-1832 State ex rel. Ronnie Davis v. State

08-KH-1833 State ex rel. Carl Quijano v. State

08-KH-1834 State ex rel. Larry Sims v. State

08-KH-1835 State ex rel. Tremaine Payne v. State

08-KH-1836 State ex rel. Anthony Jefferson v. State

08-KH-1837 State ex rel. Torey R. Harris v. State

08-KH-1838 State ex rel. Donald Hensley Jr. v. State

08-KH-1839 State ex rel. Saunders Hills v. State

08-KH-1840 State ex rel. Angelon Pardon v. State

08-KH-1841 State ex rel. Leonard Perkins v. State

08-KH-1842 State ex rel. Christopher Brockel v. State

08-KH-1843 State ex rel. Lionel Jackson v. State

08-KH-1844 State ex rel. William Birtha v. State

08-KH-1846 State ex rel. Thomas Billard v. State

08-KH-1849 State ex rel. Edwin Codrington v. State

08-KH-1850 State ex rel. Ted Durbin v. State

08-KH-1851 State ex rel. Ivory Dixon v. State

08-KH-1852 State ex rel. Thomas LeBeau v. State

08-KH-1853 State ex rel. Mark Q. Taylor v. State

08-KH-1854 State ex rel. Anthony J. Roberts v. State

08-KH-1856 State ex rel. George Lawson v. State

08-KH-1857 State ex rel. Beverly A. Stokes v. State

08-KH-1858 State ex rel. Vernon T. Washington v. State

08-KH-1859 State ex rel. Tyrone Noel v. State

08-KH-1860 State ex rel. John M. Frank v. State

08-KH-1861 State ex rel. Joseph E. Dickerson v. State

XX-XXX-XXXX State ex rel. Joseph Chisley v. State

08-KH-1866 State ex rel. Michael Williams v. State

08-KH-1867 State ex rel. Eric Gresham v. State

08-KH-1868 State ex rel. Gregory Leeming v. State

08-KH-1869 State ex rel. Anthony Robinson v. State

08-KH-1870 State ex rel. Lionel Redditt v. State

08-KH-1871 State ex rel. Timothy Turner v. State

08-KH-1848 State ex rel. Craig B. Hawkins v. State

08-KH-1872 State ex rel. Gregory Jones v. State

08-KH-1873 State ex rel. Wilfred Jones v. State

08-KH-1874 State ex rel. Bobbie Stevenson v. State

08-KH-1875 State ex rel. Keith Moseley v. State

08-KH-1876 State ex rel. Robert Bates v. State

08-KH-1877 State ex rel. Jeffery Harrison v. State

08-KH-1878 State ex rel. Tonka Haynes v. State

08-KH-1880 State ex rel. Hursen Patin v. State

08-KH-1882 State ex rel. Brian K. Chisholm v. State

08-KH-1883 State ex rel. Timothy Mac-Cracken v. State

08-KH-1884 State ex rel. Kenneth B. Jackson v. State

08-KH-1886 State ex rel. Erran G. Evans v. State

08-KH-1887 State ex rel. Chris Gilkers v. State

08-KH-1888 State ex rel. Floyd Falkins v. State

08-KH-1889 State ex rel. Mario Marshall v. State

08-KH-1891 State ex rel. Barry Pascual v. State

08-KH-1892 State ex rel. Daniel Swann v. State

08-KH-1904 State ex rel. Christopher Pendleton v. State

08-KH-1905 State ex rel, Angel Pedroso v. State

08-KH-1906 State ex rel. Marlon A. King v. State

08-KH-1908 State ex rel. Kendrick Turner v. State

08-KH-1909 State ex rel. Brad Harris v. State

08-KH-1910 State ex rel. Michael Lovick v. State

08-KH-1913 State ex rel. Troy Aleman v. State

08-KH-1914 State ex rel. Bertha Lawrence v. State

08-KH-1915 State ex rel. Daniel Washington v. State

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08-KH-1916 State ex rel. Daniel Washington v. State

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08-KH-1917 State ex rel. Daniel Washington v. State

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08-KH-1939 State ex rel. Daniel Washington v. State

08-KH-1918 State ex rel. Jesse Head v. State

08-KH-1919 State ex rel. Tyrone Washington v. State

08-KH-1920 State ex rel. Royal Every v. State

08-KH-1921 State ex rel. Manuel Plaisance v. State

08-KH-1922 State ex rel. Henry Issac v. State

08-KH-1923 State ex rel. Damaris Jackson v. State

08-KH-1924 State ex rel. Herbert A. Pierre v. State

08-KH-1925 State ex rel. Kennan Temple v. State

08-KH-1907 State ex rel. John K. Richard v. State

08-KH-1930 State ex rel. Angelo A. Gonzales v. State

08-KH-1931 State ex rel. Joe W. Miller v. State

08-KH-1932 State ex rel. Herman Eisbruckner v. State

08-KH-1933 State ex rel. Bernis T. Brown v. State

08-KH-1934 State ex rel. Eric Hogan v. State

08-KH-1935 State ex rel. Rendell Washington v. State

08-KH-1936 State ex rel. Ryan Watson v. State

08-KH-1937 State ex rel. Reginald D. Watts v. State

08-KH-1938 State ex rel. Ron Wiggins v. State

08-KH-1941 State ex rel. Michael Lott v. State

08-KH-1942 State ex rel. Eric Gaines v. State

08-KH-1943 State ex rel. James Brown v. State

08-KH-1944 State ex rel. Jimmie Taylor v. State

08-KH-1945 State ex rel. Leonard McGee v. State

08-KH-1946 State ex rel. Peapso Ouch v. State

08-KH-1948 State ex rel. Gregory Satchef v. State

08-KH-1952 State ex rel. Jonathan Johnson v. State

08-KH-1953 State ex rel. Chris Barnes v. State

08-KH-1954 State ex rel. Jimmy Nee v. State

08-KH-2002 State ex rel. Glenn A. Brumfield v. State

08-KH-2005 State ex rel. Alvin Hanson v. State

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08-KH-2240 State ex rel. Alvin Hanson v. State

08-KH-2006 State ex rel. Michael Martin v. State

08-KH-2007 State ex rel. Randy J. Richthofen v. State

08-KH-2008 State ex rel. Terrance Royal v. State

08-KH-2009 State ex rel. George McGee v. State

08-KH-2015 State ex rel. Leon Simmons v. State

08-KH-2016 State ex rel. Armondo Murray v. State

08-KH-2017 State ex rel. Paul Petta v. State

08-KH-2028 State ex rel. Carlos A. Zaldivar Sr. v. State

08-KH-2029 State ex rel. Juventino Munoz v. State

08-KH-2030 State ex rel. Thang Lai v. State

08-KH-2031 State ex rel. Gene Winfrey v. State

08-KH-2032 State ex rel. Gregory Jones v. State

08-KH-2033 State ex rel. Harold Neal v. State

08-KH-2043 State ex rel. Dwayne McKinney v. State

08-KH-2047 State ex rel. Clarence Williams v. State

08-KH-2048 State ex rel. Michael Clennon v. State

08-KH-2049 State ex rel. A.J. Freeman v. State

08-KH-2004 State ex rel. Damian Duquestrada v. State

08-KH-2050 State ex rel. Keith Barrow v. State

08-KH-2051 State ex rel. Keith Mosley v. State

08-KH-2052 State ex rel. Michael Sims v. State

08-KH-2053 State ex rel. James Adams Jr. v. State

08-KH-2054 State ex rel. Listen Armand v. State

08-KH-2056 State ex rel. Robert Bolton v. State

08-KH-2061 State ex rel. Michael Molina v. State

08-KH-2063 State ex rel. George King v. State

08-KH-2064 State ex rel. Michael Ditcharo v. State

08-KH-2065 State ex rel. Jeffery E. Harrison v. State

08-KH-2067 State ex rel. Troy Taylor v. State

08-KH-2068 State ex rel. Manuel P. Fleming v. State

08-KH-2069 State ex rel. Fred J. Leblanc Jr. v. State

08-KH-2071 State ex rel. Shannon Zeno v. State

08-KH-2072 State ex rel. Roy J. Dickerson v. State

08-KH-2073 State ex rel. Anthony Kelly v. State

08-KH-2074 State ex rel. Eddie J. Armant v. State

08-KH-2083 State ex rel. David Marshall v. State

08-KH-2087 State ex rel. Robert Guccione v. State

08-KH-2088 State ex rel. Majuangy Evans v. State

08-KH-2091 State ex rel. Jason Pitts v. State

08-KH-2092 State ex rel. Dewing Hickerson v. State

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08-KH-2299 State ex rel. Dewing Hickerson v. State

08-KH-2093 State ex rel. Desmond Houston v. State

08-KH-2110 State ex rel. Kerry Orgeron v. State

08-KH-2111 State ex rel. Curtis Thomas v. State

08-KH-2112 State ex rel. Houston Jackson v. State

08-KH-2116 State ex rel. Terrence Jones v. State

08-KH-2120 State ex rel. Miguel Rosales v. State

08-KH-2121 State ex rel. Jerome Norman v. State

08-KH-2206 State ex rel. Eddie Christoff v. State

08-KH-2216 State ex rel. Daniel Smith v. State

08-KH-2217 State ex rel. Kenneth Toliver v. State

08-KH-2218 State ex rel. Terrence King v. State

08-KH-2219 State ex rel. Jovan Butler v. State

08-KH-2221 State ex rel. Armando Barroso v. State

08-KH-2222 State ex rel. Rodney Morris v. State

08-KH-2234 State ex rel. Darryl Everson v. State

08-KH-2235 State ex rel. Raymond Shaw v. State

08-KH-2089 State ex rel. Antonio Gallagher v. State

08-KH-2236 State ex rel. Percy M. Taylor v. State

08-KH-2237 State ex rel. Elton Cowart v. State

08-KH-2238 State ex rel. James Pendelton v. State

08-KH-2239 State ex rel. Kevin A. Alexander v. State

08-KH-2241 State ex rel. James H. Wallace v. State

08-KH-2269 State ex rel. Brandon Watts v. State

08-KH-2270 State ex rel. Shawn LaCour v. State

08-KH-2272 State ex rel. Bryan Davis v. State

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08-KH-2273 State ex rel. Bryan Davis v. State

08-KH-2274 State ex rel. Thank Vu Nguyen v. State

08-KH-2275 State ex rel. Joseph Conrad v. State

08-KH-2276 State ex rel. Devine Jordan v. State

08-KH-2277 State ex rel. Elston Robinson v. State

08-KH-2280 State ex rel. James Thomas Sr. v. State

08-KH-2281 State ex rel. Willie Smith v. State

08-KH-2282 State ex rel. Cleveland Bell v. State

08-KH-2283 State ex rel. Shawn Chopin v. State

08-KH-2284 State ex rel. Henry Davis v. State

08-KH-2285 State ex rel. Arthur Williams v. State

08-KH-2298 State ex rel. Vashon Kelly v. State

08-KH-2300 State ex rel. Keyointa M. Martin v. State

08-KH-2305 State ex rel. Anna Green v. State

08-KH-2306 State ex rel. Theresa Picou v. State

08-KH-2307 State ex rel. Walter Lemieux v. State

08-KH-2308 State ex rel. Joseph E. Ward v. State

08-KH-2322 State ex rel. Garry U. Jones, Sr. v. State

08-KH-2323 State ex rel. Nelson Waits v. State

08-KH-2324 State ex rel. Christopher Thomas v. State

08-KH-2326 State ex rel. Joseph K. Sam v. State

08-KH-2327 State ex rel. Arthur K. Jones v. State

08-KH-2328 State ex rel. Ricky Nicholas v. State

08-KH-2332 State ex rel. Donald Washington v. State

08-KH-2333 State ex rel. Junior Payne v. State

08-KH-2360 State ex rel. Leonard Graves v. State

08-KH-2361 State ex rel. John G. Rowell v. State

08-KH-2369 State ex rel. Rodney Hamilton v. State

08-KH-2372 State ex rel. Shirley Jackson v. State

08-KH-2373 State ex rel. Nolan Grant Jr. v. State

08-KH-2286 State ex rel. Simon Montgomery v. State

08-KH-2374 State ex rel. Shawna Farley v. State

08-KH-2375 State ex rel. Christopher Hill v. State

08-KH-2376 State ex rel. Karnell Preston v. State

08-KH-2377 State ex rel. Corey B. Page v. State

08-KH-2378 State ex rel. Beauregard J. Wattingney v. State

08-KH-2379 State ex rel. Brian Fullilove v. State

08-KH-2380 State ex rel. Donald Jackson v. State

08-KH-2381 State ex rel. Charles Price v. State

08-KH-2384 State ex rel. David Cummings v. State

WEIMER, J., dissenting in part.

I dissent in part.

While I agree these matters should be re-considered, to avoid any appearance of impropriety, I would either randomly allot these cases to the other courts of appeal or appoint three ad hoc judges to consider these matters.

APPLICATION FOR REHEARING

Rehearing denied.

KIMBALL, J., additionally concurring in the denial of rehearing.

The circumstances of the allegations involved in these cases indeed make it appropriate for the appellate court and this court to ensure that the perception as well as the reality of appellate review take place as the constitutional scheme would have it occur (i.e., clearly reviewed by an appellate panel of three judges). Many of these cases have, in fact, originally been reviewed and have had opinions written by the courts of appeal and by the seven justices of this court on original appellate review, in addition to having been reviewed on post conviction by the seven justices of this court in earlier proceedings, notwithstanding the review or lack thereof that occurred precedent to ours.

Nonetheless, creating a new process of appellate review even now is the correct thing to do in this rare instance. However, in my view, it is not appropriate under these circumstances to add this number of cases to those dockets of the other courts of appeal nor is it proper to expend approximately $200,000 of the public's money to hire retired judges and staff to perform this review. Rather, the court's process of referring these cases to judges at the same circuit (but not on the original panels accused of failing to perform adequate reviews) to perform a review that then has the potential of further review by the justices of this court is both appropriate and responsible.

This re-hearing application, in my view, attempts to suggest that this court should base its decision not on evidence in any record, but rather on allegations in a suicide note which in itself suggests the depression of the writer who, if believed, had been fired by the very court which he accuses of misconduct. Moreover, we need not consider a police report which has been neither substantiated nor admitted into evidence in these or any other matters. While this may be the fodder of news reports and movies, it is not, in my view, proper evidence for judicial action.