Opinion
NO. 20-K-101
04-13-2020
DARWIN YARLS v. STATE OF LOUISIANA
Susan Buchholz First Deputy Clerk IN RE DARWIN YARLS APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE RAYMOND S. STEIB, JR., DIVISION "A", NUMBER 19-243 Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Robert A. Chaisson
WRIT GRANTED FOR A LIMITED PURPOSE AND TRANSFERRED
Defendant/Relator, Darwin Yarls, files this writ of mandamus seeking to have this Court order the district court to rule on his "Motion to Substitute Counsel," which he allegedly filed in the 24 Judicial District Court in case number 19-0243. The motion was signed and dated by relator on March 3, 2020, and was postmarked on March 4, 2020. Upon review of the official court records, we find that said motion has not been filed in the district court. We are only able to review matters that have first been submitted to the trial court, unless the interest of justice requires otherwise. Uniform Rules - Courts of Appeal, Rule 1-3. Relator has failed to show that the interest of justice requires us to first consider this matter.
Accordingly, we grant relator's writ application for the limited purpose of transferring it to the 24 Judicial District Court, which is ordered to accept, file and act upon relator's motion which is presented in this transferred application. The district court is further ordered to provide a copy of its ruling to relator and to this Court. See State ex rel. Williams v. State, 00-72 (La. 3/31/00), 758 So.2d 807.
Gretna, Louisiana, this 13th day of April, 2020.
SMC
MEJ
RAC