State Of Louisiana v. Mitchell W. Rider

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STATE OF LOUISIANA NO. 2024 KW 0827

VERSUS

MITCHELL W. RIDER
DECEMBER 16, 2024

In Re: Mitchell W. Rider, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
08- 17- 0860.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

WRIT NOT CONSIDERED IN PART AND DENIED IN PART. Counsel
failed to comply with Uniform Rules of Louisiana Courts of Appeal,
Rule 4- 5( C)( 10) and ( 11), by failing to include all the pertinent
criminal court minutes and a signed return date order reflecting
the return date set by the district court. Counsel also failed to
comply with Rule 2- 12. 2( C) ( 2), as several documents attached to
the writ are not 14 point larger
or computer font. Moreover,
although it is not a rule violation, we note that counsel failed
to include a copy of the transcript of the guilty plea proceedings
held on June 10, 2019, and a copy of any exhibits introduced at
the hearing. See City of Baton Rouge v. Plain, 433 So. 2d 710
La.), cert. denied, 464 U. S. 896, 104 S. Ct. 246, 78 L. Ed. 2d 235
1983). Supplementation of this writ application and/ or an
application for
rehearing will not be considered. See Uniform
Rules of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9. Any
future filing on this issue should include the entire contents of
this application, the items
missing noted above, and a copy of

this ruling. Insofar as counsel contends the district court abused
its discretion by not allowing relator to withdraw his guilty plea,
the writ application is denied. " Upon motion of the defendant and
after a contradictory hearing, which may be waived by the State in
writing, the trial court may permit a plea of
guilty to be
withdrawn at any time before sentence." La. Code Crim. P. art.
559( A).
There is no record of and the documents included with the
writ do not
show that relator filed a motion or orally requested
to withdraw the in this
guilty plea case before or after
sentencing.

JMG
AEP
TPS

RT OF APPEAL, FIRST CIRCUIT

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TY CLERK OF COURT
FOR THE COURT