Opinion
22-KH-57
02-15-2022
LEONARD PERKINS v. STATE OF LOUISIANA
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET, DIVISION "H", NUMBER 91-1188.
Panel composed of Judges Susan M. Chehardy, Robert A. Chaisson, and Hans J. Liljeberg
WRIT DENIED
In his writ application requesting mandamus relief, relator, Leonard Perkins, contends that the district court failed to rule on his "Writ of Habeas Corpus," which was allegedly filed in the district court on or about January 18, 2022. Relator asserts that his "Writ of Habeas Corpus" was not considered within the required seventy-two-hour time frame and requests "enforcement of his motion within the district court."
Our review of the official court record reflects that the "Petition for Writ of Habeas Corpus" was filed in the district court on January 25, 2022, and was thereafter denied by the district court on January 27, 2022. In so ruling, the district court noted that the remedy of habeas corpus deals with pre-conviction complaints concerning custody, and that because relator had already been convicted and sentenced, "the state's legal remedy of habeas corpus does not apply." (See attached Order).
Accordingly, since the district court already ruled on relator's petition, his request for mandamus relief is denied.
RAC
SMC
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