Opinion
2024 KW 0455
07-29-2024
STATE OF LOUISIANA v. CHRISTOPHER WESLEY
In Re: Christopher Wesley, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23-WCR-083.
BEFORE: CHUTZ, GREENE, AND STROMBERG, JJ.
WRIT DENIED. A pleading is construed for what it really is, not for what it is erroneously called. See Rochon v. Young, 20081349 (La.App. 1st Cir. 2/13/09), 6 So.3d 890, 892, writ denied, 2009-0745 (La. 1/29/10), 25 So.3d 824, cert, dismissed, 560 U.S. 921, 130 S.Ct. 3325, 176 L.Ed.2d 1216 (2010). Although relator captioned his pleading as a petition for writ of habeas corpus ad subjiciendum, the remedy he seeks is in the nature of a request for postconviction relief. See La. Code Crim. P. art. 924(1). Applications for postconviction relief shall be filed in the parish in which the petitioner was convicted. La. Code Crim. P. art. 925. Relator was convicted in Ouachita Parish, but filed his petition for habeas corpus in West Feliciana Parish. Accordingly, the district court correctly denied relator's petition. Relator must file his pleading with the Fourth Judicial District Court, which is the proper venue.
WRC
HG
TPS