Opinion
NO. 19-KH-339
09-20-2019
STATE OF LOUISIANA, EX REL, PAUL POUPART v. STATE OF LOUISIANA
Susan Buchholz First Deputy Clerk IN RE PAUL POUPART APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CORNELIUS E. REGAN, DIVISION "B", NUMBER 09-4796 Panel composed of Judges Stephen J. Windhorst, Hans J. Liljeberg, and Timothy S. Marcel, Pro Tempore
WRIT GRANTED; ORDER VACATED; REMANDED WITH INSTRUCTIONS
Relator, Paul Poupart, seeks review of the trial court's March 27, 2019 Order, which declined to consider the merits of his pro se supplemental application for post-conviction relief. The trial court reasoned that relator was represented by counsel in his pending application for post-conviction relief, and therefore, it would not entertain any pro se motions filed by relator. In State v. Melon, 95-2209 (La. 9/22/95), 660 So.2d 466, the Louisiana Supreme Court noted that "[o]n previous occasions, this Court has indicated that the meaningful access to courts guaranteed by La. Const. art. I, Sections 2, 19 and 22 requires courts to accept and consider post-verdict pro se filings from represented defendants."
Therefore, we grant relator's writ application, vacate the trial court's March 27, 2019 order and remand this matter to the trial court to rule on relator's pro se supplemental application for post-conviction relief filed on March 12, 2019. We recognize that the trial court and this Court previously considered relator's counseled claims relating to the constitutionality of La. R.S. 14:122. See State v. Poupart, 19-KH-255 (La. App. 5 Cir. 7/8/19) (unpublished writ decision). Therefore, relator's pro se claim on this same issue does not need to be addressed by the trial court.
Gretna, Louisiana, this 20th day of September, 2019.