State of Louisiana v. Taurius Marquies Holmes (2)

STATE OF LOUISIANA NO. 2025 KW 0657

VERSUS

TAURIUS MARQUIES HOLMES NOVEMBER 19, 2025

In Re: State of Louisiana, applying for rehearing, 22nd
Judicial District Court, Parish of Washington, No. 05-
CR3- 92375.

BEFORE: THERIOT, PENZATO, AND BALFOUR, JJ.

REQUEST DENIED AND REQUEST FOR REHEARING EN BANC DENIED. The
district court was ordered to proceed towards disposition i. e., to
rule on the motion to compel production of public records, which

relator represented had been pending in the district court since
March 20, 2025. This court' s prior action did not direct the trial
court to schedule a hearing or grant relief. Furthermore, this

court' s order granting relator' s request for mandamus relief and
ordering the district court to perform a ministerial duty required
by law does not run afoul of this court' s prior holding in State
ex rel. McKnight v. State, 98- 2258 ( La. App. lst Cir. 12/ 3/ 98),
742 So. 2d 894, 895 ( per curiam), which provides that a writ

application arising in a criminal proceeding is not the proper

procedural vehicle to establish a right to records under the Public
Records Law. La. R. S. 44: 1, Rather,
et seq. an individual seeking
to examine public records must first make a request to the
custodian of the records. La. R. S. 44: 31 and La. R. S.
44: 32. Relator' s recourse is to institute civil proceedings at

the trial court level for a writ of mandamus against the district
attorney' s office. See La. R. S. 44: 35( A). If relator is
dissatisfied with the trial court' s ruling in the civil proceeding,
he may seek a civil appeal. See La. R. S. 44: 35( C); McKnight, 742
So. 2d at 895.