State of Louisiana Versus Richard Fultz

STATE OF LOUISIANA NO. 22-K-242

VERSUS FIFTH CIRCUIT

RICHARD FULTZ COURT OF APPEAL

STATE OF LOUISIANA

June 07, 2022

Susan Buchholz
First Deputy Clerk

IN RE RICHARD FULTZ

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
ELLEN SHIRER KOVACH, DIVISION "K", NUMBER 19-4009

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and Jude G. Gravois

WRIT GRANTED FOR A LIMITED PURPOSE

Relator-defendant, Richard Fultz, was charged by bill of information with
attempted unauthorized entry of an inhabited dwelling in violation of La. R.S.
14:27 and La. R.S. 14:62.3. In this writ application, relator seeks review of the
trial court’s granting of the State’s “Notice of Intent to Introduce Evidence Under
La. C.E. art. 404(B).” Specifically, the trial judge ruled that evidence of an alleged
2015 guilty plea to unauthorized entry of an inhabited dwelling is admissible under
La. C.E. art. 404(B).1

A review of the transcript from the March 31, 2022 hearing reflects that the
state failed to offer, file, and introduce into evidence any evidence concerning the
alleged 2015 guilty plea to support its notice of intent. Exhibits and attachments
not properly and officially offered and admitted into evidence cannot be
considered, even if physically filed into the trial court record. State v. Whitley, 14-
737 (La. App. 5 Cir. 03/25/15); 169 So.3d 658, 660 (citing Denoux v. Vessel Mgmt.
Services, Inc., 07-2143 (La. 5/21/08), 983 So.2d 84, 88). Documents attached to
memoranda do not constitute evidence and cannot be considered as such on appeal.
Id.

Accordingly, we grant this writ for the limited purpose of remanding this
matter to the trial court for reopening of the hearing on the state’s notice of intent
to allow the state to properly offer, file, and introduce into evidence the
documentation concerning the alleged 2015 guilty plea in support of its notice of

1
The state also sought to introduce evidence concerning a prior 2004 conviction for simple burglary. The trial judge
denied the State’s notice of intent as to that conviction, and the state has not sought review of that ruling.

22-K-242

intent. State v. Young, 99-880 (La. App. 5 Cir. 01/12/00); 751 So.2d 364, 368; see
also State v. Durning, 16-737 (La. App. 5 Cir. 1/17/17); (unpublished writ
disposition), and State v. Pigott, 18-598 (La. App. 5 Cir. 1/24/19) (unpublished
writ disposition).

Gretna, Louisiana, this 7th day of June, 2022.

FHW
SMC
JGG

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM 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 06/07/2022 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-242
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Ellen Shirer Kovach (DISTRICT JUDGE)
Thomas J. Butler (Respondent)
Zachary Orjuela (Relator)

MAILED
James Moffett (Relator)
Attorney at Law
848 2nd Street
Gretna, LA 70053

• Complete Items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
x
• Attach this card to the back of the mailpiece, B. Received by (Printed Nsme) c. Date of Deliv«y
or on the front if space permits.
1. Article Addressed to: o. Is delivery adcln!ss different from item 1? D Yes
If YES, enter deUvllfY address below; 0 No
James Moffett I
Attomeyiat Law
M8 2nd~.eet
"' 70053
Gret.ria.:lA
22-K-24'2 06-07-22
3. Service Type 0 Priority Mall Expreed

11111111111111111111111111111111111 lll II III Ill
a Adult S1gn111ure
0 ~ Slgnat\Q Restricted Dlllv8f)I
....Celttlled ~
F.
c Registered Mall"'
Mall Rea1rlcted

9590 9401 0083 51b! 4398 93 0 Certified Mall Restricted Dellv8f)I
a Co4lect on DlllverY
~pt for

.2-Adicle~ from $li\'ict WW
a Collect on Deliv.y Restrict..:I DellvM)I 0 Slgnatu111 Confirmlltlon"'
a Insured Mall 0 Signature Confirmation
7C1b 2070 0000 0954 b793 0 lntured Mail Restricted DellvM)I
aver
Reetricted Deliv.y

PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Retum Receipt •
J