In re Batiste, Troy; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 2nd Judicial District Court Div. H, No. 338584; to the Court of Appeal, First Circuit, Nos. 2012 KW 0906, 2012 KW 1512.

h Denied.

dissenting.

hi respectfully dissent and would grant the writ. The trial court incorrectly determined that relator’s habitual offender claims were fully litigated on appeal and that the district court was without authority to issue a subpoena for an out of state resident or a federal inmate. I would grant the writ in order to remand for an evidentiary hearing.