2020KW0181 Nonprecedential Writ denied as moot Processed

State Of Louisiana v. Samuel Lee Hamilton, Jr.

Louisiana Court of Appeal, First Circuit · Filed April 28, 2020

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Varmall 539 So. 2d 45

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0181

VERSUS

SAMUEL LEE HAMILTON, JR.

APR 2 8 2020

In Re: Samuel Lee Hamilton, Jr., applying for supervisory
19th
writs, Judicial District Court, Parish of East

Baton Rouge, No. 09- 88- 0898

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.

WRIT DENIED AS MOOT. The Clerk of Court of East Baton Rouge
Parish has no record of receiving a Petition for Writ of Habeas
Corpus ( allegedly filed on November 11, 2019). Relator should

file the motion with the clerk of court of the district court

before seeking relief from this court. Further, the record

reflects relator has been billed, tried, and convicted for the

charge at issue in his petition for a writ of habeas corpus.

Therefore, a request for release under La. Code Crim. P. art.

701( B) is moot. See State v. Varmall, 539 So. 2d 45 ( La. 1989)
per curiarrm) .

VGW

JMG
WJB

COURT OF APPEAL, FIRST CIRCUIT

2t DEPUTY C ERK OF COURT
FOR THE COURT

Judge W_ lliam J. Burris, retired,
serving pro tempore by special appointmerill
of the Louisiana Sup_ eme Court.

p. 2