Wesley Sinclair Ricks v. Brian L. Spillman, Kenneth Havard, Samuel C. D'Aquila, Timothy Hooper, and James Leblanc

WESLEY SINCLAIR RICKS NO. 2024 KW 0229

VERSUS

BRIAN L. SPILLMAN, KENNETH
HARVARD, SAMUEL C. D' AQUILA,
TIMOTHY HOOPER, AND JAMES JUNE 17, 2024
LEBLANC

In Re: Wesley Sinclair Ricks, applying for supervisory writs,
20th Judicial District Court, Parish of West
Feliciana, No. 23- WCR- 569.

BEFORE: GUIDRY, C. J., WELCH AND THERIOT, JJ.

WRIT DENIED. A pleading is construed for what it really
is, not for what it is erroneously called. See Rochon v. Young,
2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09) , 6 So. 3d 890, 892, writ

denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824, cert. dismissed,
560 U. S. 921, 130 S. Ct. 3325, 176 L. Ed. 2d 1216 ( 2010) . Although

relator captioned his pleading as a " Petition For Writ of Habeas
Corpus," the remedy he seeks is in the nature of a request for
postconviction relief. See La. Code Crim. P. art. 924( 1).
Applications for postconviction relief shall be filed in the
parish in which the petitioner was convicted. La. Code Crim. P.
art. 925. Relator was convicted in Morehouse Parish, but filed
his " Petition For Writ of Habeas Corpus" in West Feliciana
Parish. Accordingly, the district court denied
correctly
relator' s " Petition For Writ of Habeas Corpus." Relator should

file his pleading with the Fourth Judicial District Court, which

is the proper venue.

JMG
JEW
MRT