Opinion
NO. 2017 KW 0838
08-07-2017
STATE OF LOUISIANA v. RIGOBERTO F. VENTURA
In Re: Rigoberto F. Ventura, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 513715. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT DENIED. A review of relator's and another inmate's writ applications reflect that both seek review of the denial of applications for postconviction relief that raise identical claims and both applications for postconviction relief were prepared by the same inmate counsel substitute. Relator's trial was held in St. Tammany Parish and the other inmate was tried in Washington Parish. Both applications for postconviction relief were allotted to the same district court judge. Pursuant to article 926(C) of the Code of Criminal Procedure, a petitioner is required to provide an affidavit that the allegations contained in the petition are true to the best of his information and belief. This court is under the impression that the allegations in one or both of the applications for postconviction relief appear to be false. Inexcusable failure of a petitioner to comply with the provisions of article 926 may be a basis for dismissal of his application. La. Code Crim. P. art. 926(E). For these reasons, the writ application is denied. Nevertheless, in the event that relator wishes to file a new application for postconviction relief in the district court that raises claims that are tailored specifically to his case, this court will not bar the application as successive pursuant to La. Code Crim. P. art. 930.4(D).
AHP
TMH
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT