Opinion
22-K-23
02-01-2022
DE H. NGUYEN v. DISTRICT COURT & CLERK, 200 DERBIGNY ST. GRETNA, LA 70053
THOMAS J. BUTLER (RESPONDENT)
IN RE DE H. NGUYEN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL P. MENTZ, DIVISION "F", NUMBER 19-7205
THOMAS J. BUTLER (RESPONDENT)
PANEL COMPOSED OF JUDGES SUSAN M. CHEHARDY, HANS J. LILJEBERG, AND JOHN J. MOLAISON, JR.
WRIT DENIED AS MOOT
Relator, De H. Nguyen, asks this Court to issue a writ of mandamus ordering the trial court to rule on his December 14, 2021 motion requesting a free copy of the transcript from his extradition hearing. Relator, who was charged with capital murder in Texas, was extradited after that March 6, 2020 hearing and is now in jail there.
The trial court denied relator's motion on January 5, 2022. A copy of that Order is attached. Because the trial court has now ruled upon relator's motion, relator's request for a writ of mandamus is moot and the writ is denied.
SMC
HJL
JJM
ORDER
This matter comes before the court on the defendant's MOTION FOR COURT RFPORTFR TO PROVIDE TRANSCRIPT. STAMPED AS FILED ON DECEMBER, 14.2021.
The defendant, a fugitive from the State of Texas, where he was charged with capital murder, was formally extradited on March 6, 2020.
The defendant now that a transcript of the proceedings of March 6, 2020 be created and provided to him.
The request for a free transcript from an expedition hearing is unwarranted. The court finds that the defendant is not entitled to the relief sought.
Unlike Boykin transcripts where the defendant is automatically entitled to a free copy when he pleads guilty, defendants are not automatically entitled to free copies of other hearings or trials. Requests for all transcripts which are not Boykin transcripts, require that the prisoner show a "particularized need." Particularized need is more than a mere statement that he wishes to comb the record for errors or a general statement that a right has been violated. The defendant must be able to point to a particular interchange recorded in the transcript and allege the interchange is the grounds for his challenge and the challenge must not be mere harmless error, but must be an error of constitutional proportions. State ex rel. Payton v. Thiel, 315 So.2d 40 (La. 1975).
If the defendant wishes to purchase a transcript, he should write to Rosa Manale, Chief Court Reporter, 200 Derbigny St., Gretna, LA 70053, for instructions.
Accordingly, IT IS ORDERED BY THE COURT that the defendant's motion be and is hereby DENIED.
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 02/01/2022 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 COUNSEL, AS LISTED BELOW
HONORABLE MICHAEL P. MENTZ (DISTRICT JUDGE)