State Of Louisiana v. Russell Payton

STATE OF LOUISIANA NO. 2024 KW 0875

VERSUS

RUSSELL PAYTON NOVEMBER 4, 2024

In Re: Russell Payton, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
11- 94- 0047.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT DENIED. When a party files a traversal to the
commissioner' s report, there is no obligation for the trial court
to issue any specific ruling regarding the traversal. See La.
R. S. 13: 713( C). Accordingly, relator is not prejudiced or

precluded from seeking review of the ruling on the application for
postconviction relief by the failure to file a traversal. In the
event relator elects to file a new application with this court

seeking review of the ruling on the application for postconviction
relief,
he may do so without the necessity of obtaining a return
date. 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 application for postconviction relief and

supporting memorandum, the State' s response, the commissioner' s

recommendation, and the relevant portions of the district court

record that might support the claims raised in the application

for postconviction relief, and a copy of this ruling.

McClendon, J., dissents and would gran t--- the writ for the sole
purpose of transferring the writ application to the district court
for consideration of relator' s motion to set aside judgment.

CURT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT
FOR THE COURT