Opinion
NO. 20-KH-87
03-20-2020
STATE EX. REL., LARRY THOMPSON v. DISTRICT ATTORNEY, JOEL T. CHAISSON, II
Mary E. Legnon Chief Deputy Clerk IN RE LARRY THOMPSON APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE TIMOTHY S. MARCEL, DIVISION "E", NUMBER 16-449 Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and John J. Molaison, Jr.
WRIT GRANTED FOR LIMITED PURPOSE
Relator, Larry Thompson, seeks review of the district court's January 21, 2020 ruling. Mr. Thompson, who plans to file an application for post-conviction relief, urges that the 29th Judicial District Court erred when it denied his request for mandamus relief to compel the District Attorney to provide him with a copy of his criminal case file, or to provide him with a cost estimate for reproducing its file.
According to the instant writ application, Relator sent a written request to the District Attorney's office for a cost estimate to reproduce the file in his criminal case. Relator claims he received a written response, dated October 28, 2019, that the case number that was the subject of the request was not assigned to Relator. In its January 21, 2020 ruling, the district court denied the motion and directed Mr. Thompson to contact his attorney for access to the "evidence/documents/items." In Logan v. State, 19-KH-340 (La.App 5 Cir. 10/22/19) (unpublished writ disposition,) we stated:
La. R.S. 44:31(A) states that "[p]roviding access to public records is a responsibility and duty of the appointive or elective office of a custodian and his employees." The public records law allows inmates access to public records when the request is limited to grounds upon which the inmate may seek post-conviction relief. La. R.S. 44:31.1. A "person does not include an individual in custody after sentence following a felony conviction who has exhausted his appellate remedies
when the request for public records is not limited to grounds upon which the individual could file for post-conviction relief under Code of Criminal Procedure Article 930.3. Id.
In this matter, on November 28, 2018, this Court affirmed Relator's conviction and sentence for second degree murder, his conviction for obstruction of justice, and his sentence for obstruction of justice as amended. State v. Thompson, 18-273 (La.App. 5 Cir. 11/28/18); 259 So.3d 1257. On January 9, 2019, the Louisiana Supreme Court denied Relator's writ application. State v. Thompson, 278 So.3d 372, supra. For purposes of collateral review, we find that Relator's convictions and sentences became final on January 9, 2019. Thus, Relator has until on or about January 9, 2021 to apply for post-conviction relief or seek collateral review of this matter. In Landis v. Moreau, 2000-1157 (La. 2/21/01); 779 So.2d 691, 695 (citations omitted), this Court noted:
First, [the Louisiana Supreme Court] has limited the number of documents an inmate can receive cost-free as of right. Secondly, [it] has articulated a rule [in Bernard ] requiring that an inmate must have already filed an application requiring documentation for its support before he may seek cost-free copies. This rule prevents the state from having to "underwrite an inmate's efforts to overturn his conviction and sentence by providing him generally with documents 'to comb the record for error.' " Id. (citations omitted). Thirdly, [it has] held that custodians of records must supply inmates with cost estimates for reproduction at their cost of documents without regard to the rule of Bernard. This rule allows an inmate to "comb the record for errors," provided he can pay for the privilege."Public Records Law has been interpreted 'to allow defendants full access to district attorney's files and supplemental police reports for purposes of post-conviction relief." Innocence Project New Orleans v. New Orleans Police Dep't, 13-921 (La.App. 4 Cir. 11/6/13); 129 So.3d 668, 675 citing State v. Chapman, 97-0967 (La. 9/3/97); 699 So.2d 504, 507, writ denied sub nom. State ex rel. Chapman v. State, 97-2600 (La. 4/3/98); 717 So.2d 229 (The Louisiana Supreme Court held that post-conviction relief is not "criminal litigation" within the meaning of the Public Records Act under La. R.S. 44:3. Therefore, the district attorney's files and supplemental police report are public and subject to disclosure in a claim for post-conviction relief.)
Accordingly, we vacate the trial court's January 21, 2020 order denying his request for mandamus relief to compel the District Attorney's office to provide him with a copy of its files in the matter of 29th Judicial District Court Case No. 16-0449. We grant this writ application for the limited purpose of allowing Mr. Thompson an opportunity to send a Public Records Request to the District Attorney regarding those records, with the expectation that the District Attorney will provide to Relator a cost estimate to reproduce records in its possession and not otherwise privileged, pursuant to Louisiana Revised Statutes 44:31, 44:31.1 and 44:32.
Gretna, Louisiana, this 20th day of March, 2020.
MEJ
JJM WINDHORST, J., DISSENTS WITH REASONS
I respectfully disagree with the majority's decision to partially grant this writ application. In requesting his copy, relator used the wrong file number and thereby requested a file copy to which he was not entitled. Moreover, it is unnecessary for this Court to grant a writ directed to the trial judge, in order for relator to send another public records request to the district attorney using the correct number.
I would deny the writ.
SJW
State ex rel. Bernard v. Criminal District Court, 94-2247 (La. 4/28/95); 653 So.2d 1174.