Opinion
24-KH-495
11-14-2024
EDDIE MATTHEWS, III v. STATE OF LOUISIANA IN RE EDDIE MATTHEWS, III
Applying for Supervisory writ from the Twenty-Ninth Judicial District Court, Parish of st Charles, State of Louisiana, Directed to the Honorable Lauren D. Rogers, Division "E", Number 18,443
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Marc E. Johnson
WRIT GRANTED
Relator, Eddie Matthews, III, seeks mandamus relief regarding an application for post-conviction relief (“APCR”), and various motions filed by Relator in conjunction with the APCR that the 29th Judicial District Court has not ruled upon. Relator's conviction and sentence was affirmed by this Court in State v. E.M., 22-293 (La.App. 5 Cir. 2/27/23), 359 So.3d 90, writ denied, 23- 419 (La. 10/10/23), 371 So.3d 452. On July 9, 2024, Relator filed an APCR and motions for appointment of counsel, an evidentiary hearing, and subpoena duces tecum. A week later, the district court ordered the State to file any objections to Relator's APCR no later than thirty days from the date of the order. Relator, in turn, was to file his response to the State's objections no later than September 16, 2024. Relator advises that he filed a response to the State's objections, but he did not include a copy of his response with his writ application.
This Court was unable to access the 29th Judicial District Court record for this case on the Clerk of Court's electronic database. Further, Relator filed the instant application on October 18, 2024, more than three months after filing his APCR and other motions in the district court. See, e.g., State ex rel. Coleman v. 23rd Judicial District Court, for the Parish of St James, 21-114 (La.App. 5 Cir. 03/19/21) (ordering the district court to rule on an APCR filed two months before the filing of the writ application).
Considering the foregoing, the writ is granted. The district court is ordered to rule on Relator's APCR and all outstanding motions filed on July 9, 2024 within 15 days of this disposition, if it has not already done so. We further order the district court to provide Relator and this Court with copies of its rulings.
MEJ
SMC
FHW