State of Louisiana Versus Harold Brown

STATE OF LOUISIANA NO. 21-KH-643

VERSUS FIFTH CIRCUIT

HAROLD BROWN COURT OF APPEAL

STATE OF LOUISIANA

October 22, 2021

Susan Buchholz
First Deputy Clerk

IN RE HAROLD BROWN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JUNE B.
DARENSBURG, DIVISION "C", NUMBERS 15-2369 & 15-2370

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and Robert A. Chaisson

WRIT GRANTED FOR LIMITED PURPOSE; MATTER
REMANDED FOR FURTHER PROCEEDINGS

Relator, Harold Brown, seeks review of the district court’s
August 18, 2021 denial of his application for post-conviction relief
(“APCR”) as untimely pursuant to La. C.Cr.P. art. 930.8.

On April 6, 2016, relator pled guilty to various narcotics and
weapons charges and was thereafter sentenced pursuant to the
applicable sentencing provisions. Relator also stipulated to being a
multiple offender on one of the counts and was sentenced in accordance
with the provisions of La. R.S. 15:529.1. On February 21, 2018, this
Court affirmed relator’s convictions and sentences. State v. Brown, 17-
420 (La. App. 5 Cir. 2/21/18), 239 So.3d 455. On January 18, 2019, the
Louisiana Supreme Court denied relator’s writ application. State v.
Brown, 18-480 (La. 1/18/19), 262 So.3d 281.

On January 7, 2021, relator filed a “Motion for an Extension of
Sixty Days and/or Motion to Stay Post-Conviction Application,” along
with a uniform APCR, in which he listed his claims. On February 3,
2021, the district court gave relator forty-five days in which to
supplement his APCR. Relator thereafter filed a memorandum in
support of his APCR on March 29, 2021, and a supplement to his APCR
on May 11, 2021, both of which were filed prior to the State’s response.
On August 18, 2021, the district court denied relator’s APCR as
untimely pursuant to La. C.Cr.P. art. 930.8.

21-KH-643

Relator now contends that the district court erred in denying his
APCR as untimely, pointing out that he filed his APCR on January 7,
2021, which is within the time delays set forth in La. C.Cr.P. art. 930.8.
He requests that this Court reverse the denial of his APCR on
procedural grounds and remand the matter to the district court for a
ruling on the merits of his claims.

In the present case, it appears from the district court’s August 18,
2021 Order denying relator’s APCR as untimely, that the district court
used March 26, 2021,1 the date relator filed his memorandum in support
of his APCR, instead of January 7, 2021, the date relator filed an APCR
along with a motion for extension, when calculating the time delays for
filing post-conviction relief. As such, relator’s argument has merit.

Accordingly, we grant relator’s writ application and remand the
matter to the district court for the limited purpose of determining
whether relator’s writ application was in fact timely, and if so, we direct
the district court to rule on the merits of the application.

Gretna, Louisiana, this 22nd day of October, 2021.

RAC
FHW
MEJ

1
The official court record indicates that the memorandum in support of relator’s APCR was filed on March 29,
2021, but was mailed on March 18, 2021, within the forty-five day extension granted by the district court on
February 3, 2021.
2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 10/22/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

21-KH-643
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable June B. Darensburg (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Harold Brown #415699 (Relator)
Plaquemine Parish Detention Center
Post Office Box 67
Pointe à la Hache, LA 70082