State v. Juniors

Full title: STATE OF LOUISIANA v. GLYNN JUNIORS IN RE GLYNN JUNIORS, JR.

Court: Court of Appeals of Louisiana, Fifth Circuit

Date published: Sep 8, 2023

No. 23-KH-379 (La. Ct. App. Sep. 8, 2023)

Opinion

23-KH-379

09-08-2023

STATE OF LOUISIANA v. GLYNN JUNIORS IN RE GLYNN JUNIORS, JR.

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING SNOWDY, DIVISION "C", NUMBER 98,12

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Glynn Juniors, seeks review of the trial court's March 22, 2023 order denying his application for post-conviction relief ("APCR") filed in the 40^th Judicial District Court on December 29, 2022. Relator was indicted in St. John the Baptist Parish for first degree murder. However, pursuant to a defense motion for change of venue, the case was transferred to Vermillion Parish in the 15^th Judicial District Court, where he was convicted and sentenced.¹ As a result, Relator should have filed his APCR in Vermillion Parish.²

1 See, State v. Juniors, 05-649 (La.App. 3 Cir. 12/30/05), 918 So.2d 1137, for the underlying facts of the matter.

2 See, La. C.Cr.P. art. 925, which states, "Applications for post conviction relief shall be filed in the parish in which the petitioner was convicted."

Therefore, we find that the 40^th Judicial District Court was not the proper venue for the filing of Relator's APCR. Accordingly, we grant the writ application for the limited purpose of vacating the trial court's March 22, 2023 order.

MEJ

SMC

JJM