Opinion
No. 2012–KH–2094.
2014-01-27
STATE ex rel. Russel PAYTON v. STATE of Louisiana.
Prior report: La.App., 2012 WL 3555306.
In re Payton, Russell;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 558,585; to the Court of Appeal, First Circuit, No. 2011 CA 2093.
Granted. The court of appeal's judgment is reversed and this case is remanded for consideration of the state's appeal on the merits. Relator timely sought review of the court of appeal's prior order in Payton v. Louisiana State Police Crime Laboratory, 08–2644 (La.App. 1 Cir. 1/12/09), and this Court, exercising its plenary supervisory authority over the lower courts in this state, La. Const. art. 5, § 5(A), gave relator the relief he requested in the district court by ordering the Louisiana State Police Crime Laboratory to provide him with a cost estimate for reproducing the criminal records and test results relating to his case. State ex rel. Payton v. State, 09–0351 (La.11/25/09), 21 So.3d 952. Because the court of appeal's judgment dismissing his writ did not become final before this Court granted limited relief, the subsequent proceedings leading to a judgment of $1200 in relator's favor were not without legal effect, and they remain subject to review on timely appeal by the state. WEIMER, J., recused.
CLARK, J., would deny.