Opinion
NO. 2013 KW 1008
09-09-2013
STATE OF LOUISIANA v. JOHNATHAN WHITTINGTON
In Re: Johnathan Whittington, applying for supervisory writ 22nd Judicial District Court, Parish of St. Tamman No. 517398.
BEFORE: KUHN, HIGGINBOTHAM AND THERIOT, JJ.
WRIT DENIED ON THE SHOWING MADE. This Court cannot adequately review the trial court's ruling on the application for postconviction relief. Relator failed to include the state's answer, if any, a copy of the guilty plea proceedings, and any other portions of the district court record that might support the claims raised in the application for postconviction relief. Regarding relator's claim that he has been denied access to the Boykin transcript, we are advised by the office of the Clerk of Court of St. Tammany Parish that on April 17, 2013 a copy of the Boykin transcript was filed in that office and, on that same date, a copy was forwarded to relator. If relator has not received a copy of the Boykin transcript, he should seek enforcement from the lower court. Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. Any future filing on this issue should include the entire contents of this application, the missing items noted above, and a copy of this ruling. In the event relator elects to file a new application with this Court, the application must be filed on or before November 5, 2013.
JEK
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT _______________
DEPUTY CLERK OF COURT
FOR THE COURT