STATE OF LOUISIANA NO. 2024 KW 0455

VERSUS

CHRISTOPHER WESLEY JULY 29, 2024

In Re: Christopher Wesley, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23- WCR- 083.

BEFORE: CHUTZ, GREENE, AND STROMBERG, JJ.

WRIT DENIED.

A pleading is construed for what it really is, not for what it is erroneously called. See Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d3d 890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824, cert. dismissed, 560 U. S.

921, 130 S. Ct. 3325, 176 L. Ed. 2d 1216 ( 2010) . Although relator

captioned his pleading as a petition for writ of habeas corpus ad subjiciendum, the remedy he seeks is in the nature of a request for postconviction relief. See La. Code Crim. P. art. 924 ( 1) .

Applications for postconviction relief shall be filed in the parish in which the petitioner was convicted. La. Code Crim. P. art. 925. Relator was convicted in Ouachita Parish, but filed his petition for habeas corpus in West Feliciana Parish. Accordingly, the district court correctly denied relator' s petition. Relator must file his pleading with the Fourth Judicial District Court, which is the proper venue.

OURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT