STATE OF LOUISIANA, EX REL, PAUL NO. 19-KH-339 POUPART FIFTH CIRCUIT VERSUS COURT OF APPEAL STATE OF LOUISIANA STATE OF LOUISIANA

September 20, 2019 Susan Buchholz First Deputy Clerk

IN RE PAUL POUPART 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 09-4796 Panel composed of Judges Stephen J. Windhorst, Hans J. Liljeberg, and Timothy S. Marcel, Pro Tempore WRIT GRANTED; ORDER VACATED; REMANDED WITH INSTRUCTIONS Relator, Paul Poupart, seeks review of the trial court’s March 27, 2019 Order, which declined to consider the merits of his pro se supplemental application for post-conviction relief. The trial court reasoned that relator was represented by counsel in his pending application for post-conviction relief, and therefore, it would not entertain any pro se motions filed by relator. In State v. Melon, 95-2209 (La. 9/22/95), 660 So.2d 466, the Louisiana Supreme Court noted that “[o]n previous occasions, this Court has indicated that the meaningful access to courts guaranteed by La. Const. art. I, Sections 2, 19 and 22 requires courts to accept and consider post-verdict pro se filings from represented defendants.”

Therefore, we grant relator’s writ application, vacate the trial court’s March 27, 2019 order and remand this matter to the trial court to rule on relator’s pro se supplemental application for post-conviction relief filed on March 12, 2019. We recognize that the trial court and this Court previously considered relator’s counseled claims relating to the constitutionality of La. R.S. 14:122. See State v. Poupart, 19-KH-255 (La. App. 5 Cir. 7/8/19) (unpublished writ decision).

Therefore, relator’s pro se claim on this same issue does not need to be addressed by the trial court.

Gretna, Louisiana, this 20th day of September, 2019.

HJL SJW TSM

19-KH-339 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 FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

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 09/20/2019 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-339 E-NOTIFIED Thomas J. Butler (Respondent) Terry M. Boudreaux (Respondent) MAILED Paul Poupart #357073 (Relator) Elayn Hunt Correctional Center Post Office Box 174 St. Gabriel, LA 70776