Opinion
NO. 19-KH-535
11-27-2019
STATE OF LOUISIANA v. DARRELL TAYLOR
Susan Buchholz First Deputy Clerk IN RE DARRELL TAYLOR APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE M. LAUREN LEMMON, DIVISION "D", NUMBER 16,701 Panel composed of Judges Jude G. Gravois, Stephen J. Windhorst, and Hans J. Liljeberg
WRIT GRANTED
In this pro se writ application, relator asserts that the district court erred by summarily denying his request to resubmit his application for post-conviction relief ("APCR") on procedural grounds. We agree.
On August 16, 2019, relator timely filed an APCR in the district court raising claims of ineffective assistance of trial counsel and appellate counsel. On August 27, 2019, the district court denied the APCR, finding that relator did not comply with the requirements of La. C.Cr.P. art. 926. Thereafter, on September 16, 2019, relator filed a "Request to Resubmit Application for Post Conviction Relief with Deficiency Cured." The district court denied relator's request, stating: "While the Petitioner did annex a copy of the sentence in his Request to Resubmit, he failed to annex a copy of the judgment of conviction as required by Article 926(A)."
La. C.Cr.P. art. 926(A) provides:
An application for post-conviction relief shall be by written petition addressed to the district court for the parish in which the petitioner was convicted. A copy of the judgment of conviction and sentence shall be annexed to the petition, or the petition shall allege that a copy has been demanded and refused.
Courts of this state have afforded some latitude to litigants, particularly those who are pro se, who have not strictly complied with all requirements of La. C.Cr.P. art. 926. In State ex rel. Lindsey v. State, 99-2755 (La. 10/1/99), 748 So.2d 456, the Louisiana Supreme Court found that the district court may not refuse to consider an APCR simply because of a ministerial issue with the pleading. In Jacobs v. Cain, 08-301 (La. 2/13/09), 999 So.2d 1138, the Louisiana Supreme Court found that the district court erred when it dismissed a counseled APCR with prejudice based on counsel's failure to use the uniform application for postconviction relief. In Jacobs, the Louisiana Supreme Court remanded the matter for the district court to either address the APCR on the merits or to allow the relator to file an amended petition using the uniform application.
In the present case, relator is a pro se incarcerated inmate who attempted to comply with La. C.Cr.P. art. 926(A) by attaching a copy of the sentencing minute entry. In the interest of justice and in accordance with Jacobs, supra, we grant the writ application and remand this matter to the district court to either address the merits of relator's APCR or to allow him to supplement his APCR with the judgment of conviction.
Gretna, Louisiana, this 27th day of November, 2019.