State of Louisiana Versus Jared Diaz

STATE OF LOUISIANA NO. 22-KH-402

VERSUS FIFTH CIRCUIT

JARED DIAZ COURT OF APPEAL

STATE OF LOUISIANA

September 12, 2022 **CONFIDENTIAL**
LSA-RS 46:1844(W)
Linda Wiseman ATTORNEYS OF RECORD
First Deputy Clerk ONLY

IN RE JARED DIAZ

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 18-2516

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and Stephen J. Windhorst

WRIT OF MANDAMUS RELIEF GRANTED

In his pro se writ application requesting mandamus relief, relator, Jared
Diaz, contends the district court has failed to rule on his Motion for Subpoena
Duces Tecum filed in the district court on June 10, 2022, which he allegedly
mailed on June 6, 2022. Additionally, relator requests this Court issue an order to
the district court to “re-answer” his Motion for Production of District Attorney’s
File and Production of Original Audio Recordings from Case No. 18-2516; Motion
for Private Investigator; and, his Affidavit of Fact on the basis that he never
received notice of the rulings denying these motions.

On February 12, 2020, relator was found guilty of trafficking children for
sexual purposes in violation of La. R.S. 14:46.3. On March 2, 2020, the trial court
sentenced relator to 50 years imprisonment at hard labor. ON April 12, 2021, the
trial court found relator to be a second felony offender and re-sentenced him to 65
years imprisonment at hard labor. State v. Diaz, 20-381 (La App. 5 Cir. 11/17/21),
331 So.3d 500, writ denied, 21-1967 (La. 4/5/22), 335 So.3d 836. Relator’s
conviction and sentence are now final.

The official record shows that the district court considered relator’s motion
to produce the District Attorney’s file and original audio recordings from Case No.
18-2516 and denied both on June 24, 2022. While the district court’s June 24,
2022 order did not specifically identify relator’s motion requesting a subpoena
duces tecum to be issued to the Jefferson Parish Clerk of Court, the district court
judge did specifically address the merits of that motion in the ruling. Relator’s
motion to appoint a private investigator and his Affidavit of Fact were reviewed
and denied by the district court on July 15, 2022.

22-KH-402

The official record evidences that the district court’s June 24, 2022 and July
15, 2022 orders requested service upon relator at “R.L.C.C., 1630 Prison Road,
Cottonport, LA 71327.” However, the record shows that relator was transferred
from the Raymond Laborde Correctional Center in Cottonport on December 28,
2021, to Elayn Hunt Correctional Center located in St. Gabriel, Louisiana. At the
time relator filed the motions that are at issue herein, the record indicates that he
resided at B.B. Rayburn Correctional Center in Angie, Louisiana. According to his
writ application, he is currently housed at that location. There is no indication in
the record that service of the district court’s rulings at issue were ever properly
served upon relator giving him notice of the district court’s decisions.

Accordingly, we grant relator’s request for mandamus relief and order the
district court to properly serve relator with the court’s Orders dated June 24, 2022,
and July 15, 2022, respectively, at the B.B. Rayburn Correctional Center, 27268
LA-21, Angie, Louisiana 70426. Further, to the extent relator’s motion for
subpoena duces tecum was not fully addressed in the court’s June 24, 2022 order,
the district court is directed to issue a ruling on that motion within ten days of this
order. The district court is further ordered to provide a copy of its ruling to relator
at his current address and to this Court.

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

SMC
FHW
SJW

2

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-402
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Jared Diaz #524403 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426