Opinion
23-KH-304
07-12-2023
STATE OF LOUISIANA v. TERRY HARRIS IN RE TERRY HARRIS
Applying for Supervisory Writ From the Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana, Directed to the Honorable Nancy A. Miller, Division "I", Number 04-6108
Panel composed of Judges Stephen J. Windhorst, Cornelius E. Regan, Pro Tempore, and Jason Verdigets, Pro Tempore
WRIT GRANTED
In this pro se writ application seeking mandamus relief, relator, Terry Harris, asserts that he has never received a copy of the trial court's December 2022 ruling denying his application for post-conviction relief. Relator states that he needs a copy of this ruling in order to seek supervisory review in this Court.
On November 17, 2022, relator filed an APCR with the trial court in which he raised a claim of factual innocence. On December 5, 2022, the trial court found no merit to relator's claim and denied relief. The trial court's December 5, 2022 ruling indicates that the service address for relator was the Louisiana State Penitentiary. The official record contains a copy of the ruling with a return stamp and notation stating: "Subject is not at Louisiana State Penitentiary. Subject is at Rayburn Correctional Center." Additionally, the envelope containing relator's writ application bears a stamp from the Rayburn Correctional Center.
The record does not indicate that relator was ever served with a copy of the December 5, 2022 ruling at his correct address. Accordingly, we grant relator's request for mandamus relief and order the trial court to properly serve relator with its December 5, 2022 Order at the B.B. Rayburn Correctional Center, 27268 LA-21, Angie, LA 70426.
CER
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