State Of Louisiana v. Derrick Broussard

Supreme Court of Louisiana
January 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DERRICK BROUSSARD
No. 2021-KH-01470
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I
N RE: Derrick Broussard - Applicant Defendant; Applying For Supervisory Writ,
Parish of Acadia, 15th Judicial District Court Number(s) 80489, Court of Appeal,
Third Circuit, Number(s) KH 21-00386;
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January 12, 2022
Writ application granted. See per curiam.
Weimer, C.J., dissents and would deny.
Crain, J., dissents and would deny.
McCallum, J., dissents and would deny.
JDH
SJC
JTG
PDG
01/12/2022 "See News Release 002 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-1470
STATE OF LOUISIANA
v.
DERRICK BROUSSARD
ON SUPERVISORY WRITS TO THE FIFTEENTH
JUDICIAL DISTRICT COURT, PARISH OF ACADIA
PER CURIAM:
Writ granted.
The district court revok ed applicant's probation in December 2019. Though
applicant failed to seek supervisory review of that ruling, an inmate may still seek
review of the probation revocation via an application for post -conviction relief,
filed within two years of the revocatio n. La.C.Cr.P. art. 930.8; State v. Clavelle ,
02-1244, p. 2 (La. 12/12/03), 861 So.2d 186, 187 (citing State ex rel. Ratcliff v.
State, 565 So.2d 923 (La. 1990)). Applicant filed a motion to correct an illegal
sentence in 2021, within two years of his proba tion revocation, in which he argued
that the State failed to prove a probation violation. Construing that motion as an
application for post -conviction relief, see Smith v. Cajun Insulation , 392 So.2d
398, 402 n.2 (La. 1980) (“[C]ourts should look through t he caption of pleadings in
order to ascertain their substance and to do substantial justice.”), applicant timely
sought review of his probation revocation. As such, the court of appeal erred in
evaluating the timeliness of the writ application in relation to the probation
revocation in 2019 instead of the district court's denial of his motion to correct an
illegal sentence.
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Accordingly, this case is remanded to the court of appeal for review of the
district court's denial of applicant's motion to correct i llegal sentence. The court of
appeal should request any relevant materials necessary for review from the district
court.