State Of Louisiana v. Gary Shurley

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2020 KW 0465

VERSUS

GARY SHURLEY AUGUST 03, 2020

In Re: Gary Shurley, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.
1200345.

BEFORE : HIGGINBOTHAM, PENZATC, AND LANIER, JJ.

WRIT DENIED IN PART AND GRANTED IN PART. The writ
application is denied regarding the May 2, 2017 ruling on
relator’s motion for production of the grand jury proceedings
and the district attorney’s file. The proper method to seek
review of the ruling denying a motion for production of
documents or a request for a transcript is by filing a
Supervisory writ application with the proper court within thirty
days of the ruling, not a motion for appeal and designation of
the record. See La. Code Crim. P. art. 912.1(C){1). Therefore,
the district court did not err by dismissing relator’s motion
for appeal filed on September 18, 2017.

On or about April 5, 2017, relator timely filed an
application for postconviction relief in the district court
wherein he raised seven claims. Those claims were not reviewed
by the Louisiana Supreme Court in its decision, see State v.
Shurley, 2016-1878 (La. 1/9/18), 232 So.3d 554 (per curiam),
which addressed relator’s request for the grand jury
transcripts. Accordingly, the writ application is granted, the
August 5, 2019 Order denying the application for postconviction
relief is vacated, and this matter is remanded for the district
court to order the district attorney tc file an answer on the
merits if there are no procedural objections. If the district
court determines that the factual and legal issues can be
resolved based upon the application and answer, and supporting
documents submitted by either party or available to the court,
the court may grant or deny relief without any further
proceedings. See La. Code Crim. P. art. 929(A). A copy of the
district court’s ruling shall be filed in this court on or
before October 7, 2020.

WIL

( DEPUTY CEHERK OF COURT
FOR THE COURT