STATE OF LOUISIANA NO. 22-KH-402 VERSUS FIFTH CIRCUIT JARED DIAZ COURT OF APPEAL STATE OF LOUISIANA

September 12, 2022 **CONFIDENTIAL** LSA-RS 46:1844(W) Linda Wiseman ATTORNEYS OF RECORD First Deputy Clerk ONLY

IN RE JARED DIAZ APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 18-2516

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Stephen J. Windhorst

WRIT OF MANDAMUS RELIEF GRANTED In his pro se writ application requesting mandamus relief, relator, Jared Diaz, contends the district court has failed to rule on his Motion for Subpoena Duces Tecum filed in the district court on June 10, 2022, which he allegedly mailed on June 6, 2022. Additionally, relator requests this Court issue an order to the district court to “re-answer” his Motion for Production of District Attorney’s File and Production of Original Audio Recordings from Case No. 18-2516; Motion for Private Investigator; and, his Affidavit of Fact on the basis that he never received notice of the rulings denying these motions.

On February 12, 2020, relator was found guilty of trafficking children for sexual purposes in violation of La. R.S. 14:46.3. On March 2, 2020, the trial court sentenced relator to 50 years imprisonment at hard labor. ON April 12, 2021, the trial court found relator to be a second felony offender and re-sentenced him to 65 years imprisonment at hard labor. State v. Diaz, 20-381 (La App. 5 Cir. 11/17/21), 331 So.3d 500, writ denied, 21-1967 (La. 4/5/22), 335 So.3d 836. Relator’s conviction and sentence are now final.

The official record shows that the district court considered relator’s motion to produce the District Attorney’s file and original audio recordings from Case No. 18-2516 and denied both on June 24, 2022. While the district court’s June 24, 2022 order did not specifically identify relator’s motion requesting a subpoena duces tecum to be issued to the Jefferson Parish Clerk of Court, the district court judge did specifically address the merits of that motion in the ruling. Relator’s motion to appoint a private investigator and his Affidavit of Fact were reviewed and denied by the district court on July 15, 2022.

22-KH-402 The official record evidences that the district court’s June 24, 2022 and July 15, 2022 orders requested service upon relator at “R.L.C.C., 1630 Prison Road, Cottonport, LA 71327.” However, the record shows that relator was transferred from the Raymond Laborde Correctional Center in Cottonport on December 28, 2021, to Elayn Hunt Correctional Center located in St. Gabriel, Louisiana. At the time relator filed the motions that are at issue herein, the record indicates that he resided at B.B. Rayburn Correctional Center in Angie, Louisiana. According to his writ application, he is currently housed at that location. There is no indication in the record that service of the district court’s rulings at issue were ever properly served upon relator giving him notice of the district court’s decisions.

Accordingly, we grant relator’s request for mandamus relief and order the district court to properly serve relator with the court’s Orders dated June 24, 2022, and July 15, 2022, respectively, at the B.B. Rayburn Correctional Center, 27268 LA-21, Angie, Louisiana 70426. Further, to the extent relator’s motion for subpoena duces tecum was not fully addressed in the court’s June 24, 2022 order, the district court is directed to issue a ruling on that motion within ten days of this order. The district court is further ordered to provide a copy of its ruling to relator at his current address and to this Court.

Gretna, Louisiana, this 12th day of September, 2022.

SMC FHW SJW

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN 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 09/12/2022 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 COUNSEL, AS LISTED BELOW:

22-KH-402 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Jared Diaz #524403 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426