State of Louisiana Versus Glynn Juniors ( 2023 )


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  • STATE OF LOUISIANA                                                                    NO. 23-KH-379
    VERSUS                                                                                FIFTH CIRCUIT
    GLYNN JUNIORS                                                                         COURT OF APPEAL
    STATE OF LOUISIANA
    September 08, 2023
    Linda Wiseman
    First Deputy Clerk
    IN RE GLYNN JUNIORS, JR.
    APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST
    JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING SNOWDY,
    DIVISION "C", NUMBER 98,12
    Panel composed of Judges Susan M. Chehardy,
    Marc E. Johnson, and John J. Molaison, Jr.
    WRIT GRANTED FOR LIMITED PURPOSE
    Relator, Glynn Juniors, seeks review of the trial court’s March 22, 2023 order
    denying his application for post-conviction relief (“APCR”) filed in the 40th Judicial
    District Court on December 29, 2022. Relator was indicted in St. John the Baptist Parish
    for first degree murder. However, pursuant to a defense motion for change of venue, the
    case was transferred to Vermillion Parish in the 15th Judicial District Court, where he was
    convicted and sentenced.1 As a result, Relator should have filed his APCR in Vermillion
    Parish.2
    Therefore, we find that the 40th Judicial District Court was not the proper venue for
    the filing of Relator’s APCR. Accordingly, we grant the writ application for the limited
    purpose of vacating the trial court’s March 22, 2023 order.
    Gretna, Louisiana, this 8th day of September, 2023.
    MEJ
    SMC
    JJM
    1
    See, State v. Juniors, 05-649 (La. App. 3 Cir. 12/30/05), 
    918 So.2d 1137
    , for the underlying facts of the matter.
    2
    See, La. C.Cr.P. art. 925, which states, “Applications for post conviction relief shall be filed in the parish in which the
    petitioner was convicted.”
    SUSAN M. CHEHARDY                                                               CURTIS B. PURSELL
    CHIEF JUDGE                                                                     CLERK OF COURT
    SUSAN S. BUCHHOLZ
    FREDERICKA H. WICKER
    CHIEF DEPUTY CLERK
    JUDE G. GRAVOIS
    MARC E. JOHNSON
    ROBERT A. CHAISSON                                                              LINDA M. WISEMAN
    STEPHEN J. WINDHORST
    FIRST DEPUTY CLERK
    JOHN J. MOLAISON, JR.
    SCOTT U. SCHLEGEL                                   FIFTH CIRCUIT
    MELISSA C. LEDET
    JUDGES                                        101 DERBIGNY STREET (70053)
    DIRECTOR OF CENTRAL STAFF
    POST OFFICE BOX 489
    GRETNA, LOUISIANA 70054          (504) 376-1400
    (504) 376-1498 FAX
    www.fifthcircuit.org
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    COUNSEL, AS LISTED BELOW:
    23-KH-379
    E-NOTIFIED
    40th District Court (Clerk)
    Honorable J. Sterling Snowdy (DISTRICT JUDGE)
    Honorable Bridget A. Dinvaut (Respondent)
    MAILED
    Talia N. MacMath (Relator)
    Naila K. Campbell (Relator)
    Matilde J. Carbia (Relator)
    Attorney at Law
    1340 Poydras Street
    Suite 1700
    New Orleans, LA 70112
    SENDE::R    C01'.fF'lFTF 1.tlS SLCTIO'J
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    1. Article Addressed ~
    Talia N. MacMath
    Attorney at Law
    1340 Poydras Street
    Suite 1700
    New Orleans, LA 70112
    23-Kn-_,, ,                          09-0&-23
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    PS Form 3811, July 2015 PSN 7530-02-000-9053           Domestic Retum Receipt
    

Document Info

Docket Number: 23-KH-379

Judges: J. Sterling Snowdy

Filed Date: 9/8/2023

Precedential Status: Precedential

Modified Date: 10/21/2024