Errol Victor, Sr. Versus State of Louisiana

ERROL VICTOR, SR. NO. 22-K-115

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

March 15, 2022

Nancy F. Vega
Chief Deputy Clerk

IN RE ERROL VICTOR, SR.

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
DENNIS J. WALDRON, JUDGE AD HOC, DIVISION "C", NUMBER 10,172

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED IN PART; DENIED IN PART

The relator, Errol Victor, Sr., filed the instant Writ of Prohibitation [sic],
Writ of Mandamus, Cease and Desist” in which he first requests that this Court
stay all proceedings in this matter until he is provided with a copy of a transcript
and Order dated January 28, 2022, relevant to his purported motion to recuse. The
relator also requests that we compel the district court to set a return date within
which to file a writ application that seeks review of the trial court’s denial of his
motion to recuse. The application is deficient in several respects pursuant to
Uniform Rules, Courts of Appeal Rule 4-5; specifically, the relator has not
provided any evidence that he has a pending notice of intent before the trial court
which seeks a return date. In addition, the relator has not provided a copy of the
judgment from which we could ascertain the date, and content, of the ruling at
issue. Given the foregoing, we are limited in the relief that can be granted on the
showing made.

Accordingly, we grant the writ, in part, as follows:

Assuming that a ruling exists, if it has not already done so, the Clerk of
Court for the 40th JDC is hereby ordered to provide to the relator a copy1 of any
order issued on January 28, 2022 related to a motion to recuse filed in his case,

1
The relator lists his address as follows:

Errol Victor, Sr.
300 Perdido St., F-2, 2509806
New Orleans, LA. 70119

22-K-115

with any costs assessed based upon a showing of particularized need and a
determination of his indigency status. State ex rel. Bernard v. Criminal District
Court Section J., 94-2247 (La. 4/28/95), 653 So.2d 1174, 1175.2

Also, assuming that a ruling of January 28, 2022 exists, and if the relator has
a pending notice of intent, if it has not already done so, the trial court is ordered to
set a return date within which the relator can file a writ application with this Court
within the time frame allowed by law.

With regard to his request for a recusal hearing transcript from January 28,
2022, the relator must first seek relief from the Clerk of Court for the 40th JDC,
with costs based upon a showing of particularized need and a determination of his
indigency status.

In all other respects, the relator’s writ is denied.

Gretna, Louisiana, this 15th day of March, 2022.

JJM
SMC
FHW

2
As explained by the supreme court in that case:

This Court's jurisprudence requires lower courts to provide indigent inmates with copies of certain
types of documents as of right. State ex rel. Simmons v. State, 93-0175 (La. 12/16/94), 647 So.2d 1094. As
to all other documents, an indigent inmate has the constitutional right to free copies only in those instances
in which he shows that denial of the request will deprive him of an “adequate opportunity to present [his]
claims fairly.” United States v. MacCollom, 426 U.S. 317, 324, 96 S.Ct. 2086, 2091, 48 L.Ed.2d 666 (1976)
(quoting Ross v. Moffitt, 417 U.S. 600, 616, 94 S.Ct. 2437, 2447, 41 L.Ed.2d 341 (1974)). Meeting that
constitutional threshold requires a showing of what this Court has called “particularized need.”

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 03/15/2022 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:

22-K-115
E-NOTIFIED
40th District Court (Clerk)
Honorable Dennis J. Waldron (DISTRICT JUDGE)
Honorable Bridget A. Dinvaut (Respondent)

MAILED
Errol Victor, Sr. #2509806 (Relator)
Orleans Parish Prison
3000 Perdido Street
F-2
New Orleans, LA 70119

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