STATE OF LOUISIANA NO. 24-KH-147 VERSUS FIFTH CIRCUIT ROMALIS HESTER COURT OF APPEAL STATE OF LOUISIANA

April 23, 2024 Susan Buchholz Chief Deputy Clerk

IN RE ROMALIS HESTER APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER KOVACH, DIVISION "K", NUMBER 21-2575

Panel composed of Judges Fredericka Homberg Wicker, Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE In this pro se writ application, relator, Romalis Hester, seeks a writ of mandamus from this Court ordering the trial court to provide him with a copy of his Boykin transcript. He contends that the trial court previously ordered its production, but he has not received it. Mr. Hester asserts that he needs his transcript in order to file his first application for post-conviction relief (APCR), because the “post conviction tolling period has been running since August 5, 2022.”

Relator filed a Motion for Production of Guilty Plea Colloquy, Bill of Information, and Court Minutes in the trial court on December 19, 2023. On January 9, 2024, the trial court granted relator’s motion and ordered that relator “be provided with a copy of his Boykin and sentencing transcript.” The court indicated that a copy of its order would be forwarded to the Chief of Court Reporters and

24-KH-147 that the transcript would be provided to relator “within the time period as established by law.”

On February 1, 2024, relator filed a Motion for Boykin Colloquy with the trial court, in which he acknowledged that he had received copies of the court minutes and bill of information but he had not yet received a copy of the Boykin transcript. On February 26, 2024, the trial court denied relator’s motion as moot, stating that it had “recently ordered production of the defendant’s Boykin transcripts” and the “order granting production of transcripts is currently pending.”

Given that three months have passed since the trial court ordered the production of relator’s Boykin and sentencing transcript, and considering relator’s post-conviction deadline under La. C.Cr.P. art. 930.8, we grant relator’s writ application for the limited purpose of remanding this matter to the trial court to ensure compliance with its January 9, 2024 order by requiring the court reporter to produce relator’s Boykin and sentencing transcripts within 30 days, if it has not already done so. Gretna, Louisiana, this 23rd day of April, 2024.

FHW SJW 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 04/23/2024 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-147 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Ellen Shirer Kovach (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Romalis Hester #771344 (Relator) Dixon Correctional Institute Post Office Box 788 Jackson, LA 70748