State Of Louisiana v. Derrick Pierre ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST. CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 1032
VERSUS
DERRICK PIERRE DECEMBER 30, 2020
In Re: Derrick Pierre, applying for writs, 19th
supervisory
Judicial District Court, Parish of East Baton Rouge,
No. 06- 97- 0846.
BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.
WRIT DENIED.
Relator was previously informed by this court
that the District Attorney' s Office no longer has possession of
his case file in docket number 06- 97- 0846, as it has been
destroyed. See Pierre v. E. Baton Rouge Par. Clerk of Court,
2017- 0688 ( La. App. 1st Cir. 11/ 1/ 17), 233 So. 3d 92, writ
denied, 2018-- 0078 ( La. 1/ 14/ 19), 260 So. 3d 1216. Furthermore,
there is no indication that relator has filed an application for
postconviction relief in the district court based upon the
decision in Ramos v. Louisiana, U. S. , 140 S. Ct. 13901206 L. Ed. 2d 583 ( 2020). See State ex rel. Bernard v. Criminal
Dist. Court Section " ill,
94- 2247 ( La. 4/ 28/ 95), 653 So. 2d 1174,
1175 ( per curiam). Therefore, the district court' s ruling
denying the motion to compel production of documents on the
ground that the request is premature is correct.
JMG
PMc
WIL
COURT OF APPEAL, FIRST CIRCUIT
JU
DEPUTY CL RK OF COURT
FOR THE COURT