JOHN DANIEL MARTIN, III NO. 24-KH-462 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA

October 09, 2024 Linda Wiseman First Deputy Clerk

IN RE JOHN DANIEL MARTIN, III APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CONNIE M.

AUCOIN, DIVISION "C", NUMBER 22,159

Panel composed of Judges Jude G. Gravois, John J. Molaison, Jr., and Scott U. Schlegel WRIT DENIED Relator, John Daniel Martin, filed a document entitled “Notice of Intent to Seek Writ(s)” which seeks a return date for various criminal and civil rulings rendered by the district court in May and June of 2024. In addition, relator seeks relief based on the lack of access to legal forms and a law library.

First, pursuant to Rule 4-2 of the Uniform Rules‒Courts of Appeal, a notice of intent to seek supervisory review and to request a return date must be filed with the district court, not the court of appeal. In addition, relator does not attach any motions or rulings indicating that he first requested relief regarding access to a law library and legal forms from the district court. We are not a court of first impression and can only review issues that were first submitted to the trial court.

See Uniform Rules–Courts of Appeal, Rule 1-3. Finally, as indicated in our recent ruling denying relator’s writ application in Case No. 24-KH-357, La. C.Cr.P. art. 926(D) provides that if a petitioner fails to use the uniform application for post- conviction relief form approved by the Louisiana Supreme Court, the district court “may provide the petitioner with the uniform application and require its use.”

Accordingly, this writ application is denied.

Gretna, Louisiana, this 9th day of October, 2024.

SUS JGG JJM 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 STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 10/09/2024 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:

24-KH-462 E-NOTIFIED 29th Judicial District Court (Clerk) Honorable Connie M. Aucoin (DISTRICT JUDGE) Lauren D. Rogers (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED John Daniel Martin, III #320411 (Relator) Hon. Joel T. Chaisson, II (Respondent) Beauregard Parish Transitional Work District Attorney Program Twenty-Ninth Judicial District Court 14925 Highway 27 Post Office Box 680 DeQuincy, LA 70633 Hahnville, LA 70057