STATE EX REL. IRVIN HARRIS VERSUS DARREL VANNOY, WARDEN
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STATE EX REL. IRVIN HARRIS NO. 19-KH-358 VERSUS FIFTH CIRCUIT DARREL VANNOY, WARDEN COURT OF APPEAL STATE OF LOUISIANA August 14, 2019 Susan Buchholz First Deputy Clerk IN RE IRVIN HARRIS APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CORNELIUS E. REGAN, DIVISION "B", NUMBER 13-4308 Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and John J. Molaison, Jr. WRIT GRANTED FOR LIMITED PURPOSES Relator, Irvin Harris, was convicted in Jefferson Parish for two counts of second degree murder, in violation of La. R.S. 14:30.1 (counts one and two); one count of illegal possession of a stolen firearm, in violation of La. R.S. 14:69.1 (count three); and one count of conspiracy to commit obstruction of justice, in violation of La. R.S. 14:26 and 14:130.1 (count five). On January 16, 2015, the trial court sentenced defendant to the following: life imprisonment without benefit of probation, parole, or suspension of sentence on counts one and two; five years at hard labor on count three; and twenty years at hard labor on count five, to be served concurrently. On appeal, this court affirmed relator’s convictions and sentences for second degree murder and illegal possession of a stolen firearm; however, upon finding that the State failed to produce sufficient evidence at trial to sustain relator’s conviction for conspiracy to commit obstruction of justice, we reversed his conviction and vacated his sentence on that count. State v. Harris, 15485 (La. App. 5 Cir. 4/13/16), 190 So.3d 466, 469, writ denied, 16-0902 (La. 5/12/17), 220 So.3d 746 According to the official record in this matter, relator made several filings on June 20, 2019, captioned as “Appendix Of Exhibits Attached In Support Application For Post Conviction Relief With Attached Memorandum,” which consisted of exhibits “A” through “I”. On June 26, 2019, the trial court issued an Order that acknowledged the filing of relator’s exhibits, but denied relief on the basis that relator did not include an application for post-conviction relief (“APCR”) or memorandum in support for the court’s review. In the instant application, relator contends that the Clerk of Court misplaced his APCR. Relator also includes 19-KH-358 what appears to be a copy of the memorandum in support of the APCR filed in the district court in which he asserts his claims. Based upon our review of the application and information provided by relator, we find relator has demonstrated that he initially gave his APCR to be mailed by authorities at Angola on May 10, 2019, and that it was delivered to Gretna on May 13, 2019.1 At that time, relator’s APCR would have been timely. However, for reasons unknown, relator’s filing was not made an official part of the record by the Jefferson Parish Clerk of Court. Accordingly, in the interest of justice, we grant relator’s instant application for the limited purpose of transferring the ACPR contained therein to the district court for consideration along with the exhibits previously filed and acknowledged by the district court. Gretna, Louisiana, this 14th day of August, 2019. JJM FHW MEJ 1 As evidence of this, relator provides a USPS tracking number for the transmission of his original APCR from Angola to Gretna: 9114902307224337604508. 2 SUSAN M. CHEHARDY MARY E. LEGNON CHIEF JUDGE INTERIM CLERK OF COURT FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/14/2019 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY 19-KH-358 E-NOTIFIED Terry M. Boudreaux (Respondent) MAILED Irvin Harris #632408 (Relator) Louisiana State Penitentiary Angola, LA 70712
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