State v. Hamilton

Full title: STATE OF LOUISIANA v. SAMUEL LEE HAMILTON, JR.

Court: STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Apr 28, 2020

NO. 2020 KW 0181 (La. Ct. App. Apr. 28, 2020)

Opinion

NO. 2020 KW 0181

04-28-2020

STATE OF LOUISIANA v. SAMUEL LEE HAMILTON, JR.

In Re: Samuel Lee Hamilton, Jr., applying for supervisory writs, 19^th Judicial District Court, Parish of East Baton Rouge, No. 09-88-0898 BEFORE: WHIPPLE, C.J., GUIDRY AND BURRIS,¹ JJ.

1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court. --------

WRIT DENIED AS MOOT. The Clerk of Court of East Baton Rouge Parish has no record of receiving a Petition for Writ of Habeas Corpus (allegedly filed on November 11, 2019). Relator should file the motion with the clerk of court of the district court before seeking relief from this court. Further, the record reflects relator has been billed, tried, and convicted for the charge at issue in his petition for a writ of habeas corpus. Therefore, a request for release under La. Code Crim. P. art. 701(B) is moot. See State v. Varmall, 539 So.2d 45 (La. 1989) (per curiam).

VGW

JMG

WJB

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT