State of Louisiana Versus Ronald J. Morgan

STATE OF LOUISIANA NO. 25-KH-318 VERSUS FIFTH CIRCUIT RONALD J. MORGAN COURT OF APPEAL STATE OF LOUISIANA

July 29, 2025 Linda Tran First Deputy Clerk

IN RE RONALD J. MORGAN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A.

ROWAN, JR., DIVISION "L", NUMBER 034931

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED Relator, Ronald Morgan, seeks this Court’s supervisory review of the trial court’s April 30, 2025 ruling which denied his “Emergency Petition for Writ of Habeas Corpus.” In his petition, relator argued that he had recently discovered via a public records request for documents from his case that his indictment was defective as it was “not brought into open court” and the grand jury was not polled.

On April 30, 2025, the trial court denied relief, finding that relator’s petition is governed by the law of post-conviction relief and is untimely under La. C.Cr.P. art. 930.8(A).

In his writ application, relator argues that his claim concerning his defective indictment falls under the “facts not known” exception of La. C.Cr.P. art. 930.8(A)(1). In support of his claim, relator relies on a letter from the 24th Judicial District Court Clerk of Court, dated March 19, 2025, which relator claims establishes that the polling of the grand jury was “not part of the record.”

Upon review, we find no error in the trial court’s ruling which denied relator’s “Emergency Petition for Writ of Habeas Corpus.” We find relator’s pleading is an application for post-conviction relief that is untimely under La. C.Cr.P. art. 930.8, as relator’s convictions and sentences became final in 2011. See State v. Morgan, 11-896 (La. 10/21/11), 73 So.3d 381. Relator gives no explanation as to why he did not request documentation regarding the grand jury members who voted for the indictment until 2025. As such, relator does not meet the diligence requirement of La. C.Cr.P. art. 930.8(A)(1).

Furthermore, the letter from the Clerk of Court indicates that relator was provided with the “grand jury entry” from his case. According to the grand jury report from relator’s official record dated September 4, 2003, a copy of which is attached to this disposition, the Jefferson Parish Grand Jury returned an indictment charging relator with aggravated rape and aggravated incest, and the members of the grand jury were polled. As such, we find relator’s claim that the polling of the grand jury was not in the record appears to be a misreading of the Clerk of Court’s letter. Accordingly, notwithstanding La. C.Cr.P. art. 930.8’s time bar, we find relator’s claim does not warrant relief, and therefore, this writ application is denied.

Gretna, Louisiana, this 29th day of July, 2025.

JGG MEJ SUS 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. TRAN 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 07/29/2025 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:

25-KH-318 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Ronald J. Morgan #304727 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426