State of Louisiana Versus Raymond H. Kimble, III

STATE OF LOUISIANA NO. 22-KH-396

VERSUS FIFTH CIRCUIT

RAYMOND H. KIMBLE, III COURT OF APPEAL

STATE OF LOUISIANA

September 12, 2022

Linda Wiseman
First Deputy Clerk

IN RE RAYMOND H. KIMBLE, III

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE RAYMOND S.
STEIB, JR., DIVISION "A", NUMBER 16-3781

Panel composed of Judges Jude G. Gravois,
Hans J. Liljeberg, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Raymond Kimble, III, seeks review of the trial court’s May 26,
2022 Order, in case number 16-3781, denying his “Motion by Owner for Release
of Seized Property Inaccord [sic] with LSA-R.S. 15:41.” For the following
reasons, we grant the writ application for the limited purpose of remanding this
matter to the trial court for consideration of relator’s motion.

On March 4, 2022, relator filed a “Motion to Release and Preserve” in the
trial court, seeking the return of an Apple iPhone 6s Plus seized on April 20, 2016,
in connection with these criminal proceedings. On March 9, 2022, the trial court
denied relator’s motion on the grounds that relator’s request for the return of his
property did not comply with the provisions of La. R.S. 15:41. Relator filed a writ
application with this Court seeking review of the trial court’s ruling. On June 23,
2022, this Court denied relator’s writ application, finding that relator did not
comply with the procedural requirements for the return of his property, pursuant to
La. R.S. 15:41(C). Kimble v. State, 22-KH-258 (La. App. 5 Cir. 6/23/22)
(unpublished writ disposition).

Prior to this Court’s ruling in 22-KH-258, relator filed a “Motion by Owner
for Release of Seized Property Inaccord [sic] with LSA-R.S. 15:41” in the trial
court on May 11, 2022, in which he requested a contradictory hearing with the
Clerk of Court regarding his request for the return of his phone. On May 26, 2022,
the trial court issued an Order stating that it would not rule on relator’s motion
until this Court ruled on relator’s writ application from the denial of his Motion to
Release and Preserve or the time to seek review of that ruling expired. In its May

26, 2022 Order, the trial court then indicated that the Motion by Owner for Release
of Seized Property was denied.

In this writ application, relator argues that the trial court should not have
denied his Motion by Owner for Release of Seized Property. He argues that the
trial court should have ordered a contradictory hearing on the motion with the
Clerk of Court or “labeled the motion as moot” until this Court completed its
review of the denial of his Motion to Release and Preserve.

Considering that this Court denied relator’s writ application in 22-KH-258
on June 23, 2022, and that the trial court did not consider relator’s Motion by
Owner for Release of Seized Property requesting a contradictory hearing but
nevertheless denied the Motion, we vacate the trial court’s denial of the Motion,
remand this matter, and order the trial court to consider and rule on relator’s
Motion.

Gretna, Louisiana, this 12th day of September, 2022.

HJL
JGG
JJM

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
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 09/12/2022 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-KH-396
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Raymond S. Steib, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Raymond H. Kimble, III #503830 (Relator)
Dixon Correctional Institute
P. O Box 788
Jackson, LA 70748