STATE OF LOUISIANA NO. 23-KH-304 VERSUS FIFTH CIRCUIT TERRY HARRIS COURT OF APPEAL STATE OF LOUISIANA

July 12, 2023 **CONFIDENTIAL** LSA-RS 46:1844(W) Linda Wiseman ATTORNEYS OF RECORD First Deputy Clerk ONLY

IN RE TERRY HARRIS APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 04-6108

Panel composed of Judges Stephen J. Windhorst, Cornelius E. Regan, Pro Tempore, and Jason Verdigets, Pro Tempore

WRIT GRANTED In this pro se writ application seeking mandamus relief, relator, Terry Harris, asserts that he has never received a copy of the trial court’s December 2022 ruling denying his application for post-conviction relief. Relator states that he needs a copy of this ruling in order to seek supervisory review in this Court.

On November 17, 2022, relator filed an APCR with the trial court in which he raised a claim of factual innocence. On December 5, 2022, the trial court found no merit to relator’s claim and denied relief. The trial court’s December 5, 2022 ruling indicates that the service address for relator was the Louisiana State Penitentiary. The official record contains a copy of the ruling with a return stamp and notation stating: “Subject is not at Louisiana State Penitentiary. Subject is at Rayburn Correctional Center.” Additionally, the envelope containing relator’s writ application bears a stamp from the Rayburn Correctional Center.

The record does not indicate that relator was ever served with a copy of the December 5, 2022 ruling at his correct address. Accordingly, we grant relator’s request for mandamus relief and order the trial court to properly serve relator with its December 5, 2022 Order at the B.B. Rayburn Correctional Center, 27268 LA- 21, Angie, LA 70426.

Gretna, Louisiana, this 12th day of July, 2023.

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

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM 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 07/12/2023 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:

23-KH-304 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Terry Harris #433105 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426