State Of Louisiana v. Jeffrey M. Reynolds ( 2019 )


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  •                                     STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    STATE        OF    LOUISIANA                                                                                       NO.    2019        KW    0696
    VERSUS
    JEFFREY           M.     REYNOLDS
    AUG 19 2919
    In    Re:               Jeffrey              M.     Reynolds,                 applying                  for     supervisory                 writs,
    21st         Judicial                  District              Court,              Parish            of     Livingston,
    No.     12 - FELLA - 028551.
    BEFORE:                MCCLENDON,                  WELCH,         AND         HOLDRIDGE,                 JJ.
    WRIT           DENIED           ON        THE    SHOWING              MADE.             Relator             failed           to    include
    a    copy         of         the    district                  court'      s        ruling           on        his        application              for
    postconviction                     relief,               a    copy            of    his         bill          of       information,               all
    pertinent                minute              entries              and/        or      transcripts,                       and
    any        other
    portions               of     the        district                 court            record           that        might           support           the
    claims            raised            in        the        application                    for             postconviction                     relief.
    Supplementation                         of        this       writ        application                     and/      or     an     application
    for     rehearing                  will            not       be        considered.                       See        Uniform              Rules     of
    Louisiana               Courts           of        Appeal,             Rules          2- 18. 7 &               4- 9.           In    the        event
    relator           elects            to        file        a    new        application                    with           this        court,        the
    application                  must        be        filed          on     or        before           October              15,        2019.         Any
    future         filing              on    this           issue           should         include                the        entire           contents
    of     this        application,                     the       missing               items        noted             above,           and     a    copy
    of this           ruling.
    Moreover,                       without                   showing                  a            particularized                          need,
    incarcerated                   indigents                 are       entitled                to       a    free
    copy                    of     certain
    documents:                   Boykin           transcript,                     bill         of       information,                     commitment
    papers,           court            minutes               for      various              portions                 of       the        trial,        and
    minutes           of     the      sentencing.                          See     State           ex       rel.       Simmons           v.     State,
    93- 0275 (         La.         12/ 16/ 94), 
    647 So. 2d 1094
    ,           1095 (         per        curiam).            For
    all     other                documents,                 the       inmate              is        required                 to     establish           a
    particularized                      need"            by       properly              filing                an        application               for
    postconviction                      relief,                   which            sets            out        specific                  claims         of
    constitutional                     errors            requiring                 the      requested                  documentation                  for
    support.                See        State           ex    rel.           Bernard            v.       Criminal              District              Court
    Section "              J",     94- 2247 (               La.       4/    28/    95),        
    653 So. 2d 1174
    ,        1175 (       per
    curiam);           State           ex        rel.        McKnight              v.     State,             98- 2258 (            La.       App.     1st
    Cir.        12/ 3/ 98),            
    742 So. 2d 894
    ,       895 (        per       curiam).                  Relator           failed
    to     provide                this            court           with            any          documentation                       showing            the
    district           court           denied           his        request              for        documentation                    to       which     he
    is    entitled.
    PMO
    JEW
    GH
    COURT       OF     APPEAL,              FIRST        CIRCUIT
    DEPUTY                LE    K    OF        COURT
    FOR     THE       COURT
    

Document Info

Docket Number: 2019KW0696

Filed Date: 8/19/2019

Precedential Status: Precedential

Modified Date: 10/22/2024