State Ex Rel. Irvin Harris Versus Darrel Vannoy, Warden ( 2019 )

STATE EX REL. IRVIN HARRIS NO. 19-KH-358
VERSUS FIFTH CIRCUIT
DARREL VANNOY, WARDEN COURT OF APPEAL
STATE OF LOUISIANA
August 14, 2019
Susan Buchholz
First Deputy Clerk
IN RE IRVIN HARRIS
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CORNELIUS E.
REGAN, DIVISION "B", NUMBER 13-4308
Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and John J. Molaison, Jr.
WRIT GRANTED FOR LIMITED PURPOSES
Relator, Irvin Harris, was convicted in Jefferson Parish for two counts of
second degree murder, in violation of La. R.S. 14:30.1 (counts one and two); one
count of illegal possession of a stolen firearm, in violation of La. R.S. 14:69.1
(count three); and one count of conspiracy to commit obstruction of justice, in
violation of La. R.S. 14:26 and 14:130.1 (count five). On January 16, 2015, the
trial court sentenced defendant to the following: life imprisonment without benefit
of probation, parole, or suspension of sentence on counts one and two; five years at
hard labor on count three; and twenty years at hard labor on count five, to be
served concurrently. On appeal, this court affirmed relator’s convictions and
sentences for second degree murder and illegal possession of a stolen firearm;
however, upon finding that the State failed to produce sufficient evidence at trial to
sustain relator’s conviction for conspiracy to commit obstruction of justice, we
reversed his conviction and vacated his sentence on that count. State v. Harris, 15-
485 (La. App. 5 Cir. 4/13/16), 190 So.3d 466, 469, writ denied, 16-0902 (La.
5/12/17), 220 So.3d 746According to the official record in this matter, relator made several filings on
June 20, 2019, captioned as “Appendix Of Exhibits Attached In Support
Application For Post Conviction Relief With Attached Memorandum,” which
consisted of exhibits “A” through “I”. On June 26, 2019, the trial court issued an
Order that acknowledged the filing of relator’s exhibits, but denied relief on the
basis that relator did not include an application for post-conviction relief (“APCR”)
or memorandum in support for the court’s review. In the instant application,
relator contends that the Clerk of Court misplaced his APCR. Relator also includes
19-KH-358
what appears to be a copy of the memorandum in support of the APCR filed in the
district court in which he asserts his claims.
Based upon our review of the application and information provided by
relator, we find relator has demonstrated that he initially gave his APCR to be
mailed by authorities at Angola on May 10, 2019, and that it was delivered to
Gretna on May 13, 2019.1 At that time, relator’s APCR would have been timely.
However, for reasons unknown, relator’s filing was not made an official part of the
record by the Jefferson Parish Clerk of Court.
Accordingly, in the interest of justice, we grant relator’s instant application
for the limited purpose of transferring the ACPR contained therein to the district
court for consideration along with the exhibits previously filed and acknowledged
by the district court.
Gretna, Louisiana, this 14th day of August, 2019.
JJM
FHW
MEJ
1
As evidence of this, relator provides a USPS tracking number for the transmission of his original APCR from
Angola to Gretna: 9114902307224337604508.
2
SUSAN M. CHEHARDY MARY E. LEGNON
CHIEF JUDGE INTERIM CLERK OF COURT
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. 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
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 08/14/2019 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
19-KH-358
E-NOTIFIED
Terry M. Boudreaux (Respondent)
MAILED
Irvin Harris #632408 (Relator)
Louisiana State Penitentiary
Angola, LA 70712