State of Louisiana, Ex Rel, Paul Poupart Versus State of Louisiana

STATE OF LOUISIANA, EX REL, PAUL NO. 19-KH-339

POUPART FIFTH CIRCUIT

VERSUS COURT OF APPEAL

STATE OF LOUISIANA STATE OF LOUISIANA

September 20, 2019

Susan Buchholz
First Deputy Clerk

IN RE PAUL POUPART

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CORNELIUS E.
REGAN, DIVISION ''B'', NUMBER 09-4796

Panel composed of Judges Stephen J. Windhorst,
Hans J. Liljeberg, and Timothy S. Marcel, Pro Tempore

WRIT GRANTED; ORDER VACATED; REMANDED WITH
INSTRUCTIONS

Relator, Paul Poupart, seeks review of the trial court’s March 27, 2019
Order, which declined to consider the merits of his pro se supplemental application
for post-conviction relief. The trial court reasoned that relator was represented by
counsel in his pending application for post-conviction relief, and therefore, it
would not entertain any pro se motions filed by relator. In State v. Melon, 95-2209
(La. 9/22/95), 660 So.2d 466, the Louisiana Supreme Court noted that “[o]n
previous occasions, this Court has indicated that the meaningful access to courts
guaranteed by La. Const. art. I, Sections 2, 19 and 22 requires courts to accept and
consider post-verdict pro se filings from represented defendants.”

Therefore, we grant relator’s writ application, vacate the trial court’s March
27, 2019 order and remand this matter to the trial court to rule on relator’s pro se
supplemental application for post-conviction relief filed on March 12, 2019. We
recognize that the trial court and this Court previously considered relator’s
counseled claims relating to the constitutionality of La. R.S. 14:122. See State v.
Poupart, 19-KH-255 (La. App. 5 Cir. 7/8/19) (unpublished writ decision).
Therefore, relator’s pro se claim on this same issue does not need to be addressed
by the trial court.

Gretna, Louisiana, this 20th day of September, 2019.

HJL
SJW
TSM

19-KH-339

SUSAN M. CHEHARDY MARY E. LEGNON

CHIEF JUDGE INTERIM CLERK OF COURT

FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. 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 09/20/2019 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

19-KH-339
E-NOTIFIED
Thomas J. Butler (Respondent) Terry M. Boudreaux (Respondent)

MAILED
Paul Poupart #357073 (Relator)
Elayn Hunt Correctional Center
Post Office Box 174
St. Gabriel, LA 70776