State of Louisiana v. Wesley Sinclair Ricks

COURT OF APPEAL, FIRST CIRCUIT

NO. 2024 KW 1229
STATE OF LOUISIANA

VERSUS

FEBRUARY 24, 2025
WESLEY S. RICKS

for 20th
Ricks, supervisory writs,
In Re: Wesley S. applying
Parish of West Feliciana, No.
Judicial District Court,
24- WCR- 407.

LANIER AND BALFOUR, JJ.
BEFORE: McCLENDON, C. J.,

nature is determined by its
WRITDENIED. A pleading' s
Mormon v. Caldwell, 2010- 0968 ( La.
substance and not its caption.
writ
12/ 22/ 10), 2010 WL 5465619, * 3( unpublished) ,

App. 1st Cir.
76 So. 3d 1164. Although relator
denied, 2011- 0162 ( La. 12/ 2/ 11),
Application for Habeas Corpus," the
captioned his pleading as an "
remedy he seeks is in the nature of a request
924( 1).
forThis
postconviction
has court
relief. See La. Code Crim. P. art.

contest the
corpus is not available to
consistently held habeas Rather,
sentence set aside.
validity of a conviction or to have a relief.
claims are considered requests for post -conviction
such
Corr., 2023- 0524 ( La.
Runnels v. Louisiana Dept of Pub. Safety &
2023 WL 7402418 ( unpublished), writ denied,
App. 1st Cir. 11/ 9/ 23) ,
So. 3d 246. Applications for
2023- 01338 ( La. 1/ 17/ 24), 377

postconviction relief shall be filed in the parish in which the
Code Crim. P. art. 925. Relator was
petitioner was convicted. La.

convicted in Morehouse Parish, but filed his petition for habeas
Accordingly, the district court
corpus in West Feliciana Parish.
petition. Relator should file his
denied relator' s
correctly
Judicial District Court, which is the
with the Fourth
pleading
proper venue.

PMC
WIL
KEB

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT