EDDIE MATTHEWS, III NO. 24-KH-495 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA

November 14, 2024 Linda Wiseman First Deputy Clerk

IN RE EDDIE MATTHEWS, III APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LAUREN D.

ROGERS, DIVISION "E", NUMBER 18,443

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Marc E. Johnson

WRIT GRANTED Relator, Eddie Matthews, III, seeks mandamus relief regarding an application for post-conviction relief (“APCR”), and various motions filed by Relator in conjunction with the APCR that the 29th Judicial District Court has not ruled upon. Relator’s conviction and sentence was affirmed by this Court in State v. E.M., 22-293 (La. App. 5 Cir. 2/27/23), 359 So.3d 90, writ denied, 23- (La. 10/10/23), 371 So.3d 452. On July 9, 2024, Relator filed an APCR and motions for appointment of counsel, an evidentiary hearing, and subpoena duces tecum. A week later, the district court ordered the State to file any objections to Relator’s APCR no later than thirty days from the date of the order. Relator, in turn, was to file his response to the State’s objections no later than September 16, 2024. Relator advises that he filed a response to the State’s objections, but he did not include a copy of his response with his writ application.

This Court was unable to access the 29th Judicial District Court record for this case on the Clerk of Court’s electronic database. Further, Relator filed the instant application on October 18, 2024, more than three months after filing his APCR and other motions in the district court. See, e.g., State ex rel. Coleman v. 23rd Judicial District Court, for the Parish of St James, 21-114 (La. App. 5 Cir. 03/19/21) (ordering the district court to rule on an APCR filed two months before the filing of the writ application).

Considering the foregoing, the writ is granted. The district court is ordered to rule on Relator’s APCR and all outstanding motions filed on July 9, 2024 within 15 days of this disposition, if it has not already done so. We further order the district court to provide Relator and this Court with copies of its rulings.

Gretna, Louisiana, this 14th day of November, 2024.

MEJ SMC FHW 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 11/14/2024 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-495 E-NOTIFIED 29th Judicial District Court (Clerk) Honorable Lauren D. Rogers (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Eddie Matthews, III #364114 (Relator) Hon. Joel T. Chaisson, II (Respondent) Rayburn Correctional Center District Attorney 27268 Highway 21 Twenty-Ninth Judicial District Court Angie, LA 70426 Post Office Box 680 Hahnville, LA 70057