Louisiana Court of Appeal, 2025

State of Louisiana Versus Eddie Thomas

State of Louisiana Versus Eddie Thomas
Louisiana Court of Appeal · Decided January 15, 2025 · Ellen Shirer Kovach

State of Louisiana Versus Eddie Thomas

Opinion

STATE OF LOUISIANA NO. 24-KH-616 VERSUS FIFTH CIRCUIT EDDIE THOMAS COURT OF APPEAL STATE OF LOUISIANA

January 15, 2025 Linda Wiseman First Deputy Clerk

IN RE EDDIE THOMAS 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 14-6486

Panel composed of Judges Stephen J. Windhorst, John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED In this pro se writ application, relator, Eddie Thomas, seeks review of the trial court’s October 29, 2024, ruling denying his Motion to Correct Illegal Sentence. For the following reasons, we deny this writ application.

After review, we find relator’s application is deficient because he does not include a notice of intent as required by Uniform Rules, Courts of Appeal, Rule 4- 2, and has failed to include an order from the trial court setting a return date, as required by Uniform Rules, Courts of Appeal, Rule 4-3.

Further, under Uniform Rules, Courts of Appeal, Rule 4-3, relator was required to file his writ application within thirty days of the ruling at issue.

Considering the December 9, 2024 postmark on his filing, relator’s writ application was filed more than thirty days after the trial court’s ruling on October 29, 2024.

Accordingly, we find the writ application is untimely, as it was not filed within the time delay set forth in Uniform Rules, Courts of Appeal, Rule 4-3.

Gretna, Louisiana, this 15th day of January, 2025.

TSM SJW JJM

24-KH-616 1 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 01/15/2025 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-616 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Ellen Shirer Kovach (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Eddie Thomas #601279 (Relator) Raymond Laborde Correctional Center 1630 Prison Road Cottonport, LA 71327

Case-law data current through December 31, 2025. Source: CourtListener bulk data.