State of Louisiana Versus Terry Harris

STATE OF LOUISIANA NO. 23-KH-304

VERSUS FIFTH CIRCUIT

TERRY HARRIS COURT OF APPEAL

STATE OF LOUISIANA

July 12, 2023 **CONFIDENTIAL**
LSA-RS 46:1844(W)
Linda Wiseman ATTORNEYS OF RECORD
First Deputy Clerk ONLY

IN RE TERRY HARRIS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER,
DIVISION "I", NUMBER 04-6108

Panel composed of Judges Stephen J. Windhorst,
Cornelius E. Regan, Pro Tempore, and Jason Verdigets, Pro Tempore

WRIT GRANTED

In this pro se writ application seeking mandamus relief, relator, Terry

Harris, asserts that he has never received a copy of the trial court’s December 2022

ruling denying his application for post-conviction relief. Relator states that he

needs a copy of this ruling in order to seek supervisory review in this Court.

On November 17, 2022, relator filed an APCR with the trial court in which

he raised a claim of factual innocence. On December 5, 2022, the trial court found

no merit to relator’s claim and denied relief. The trial court’s December 5, 2022

ruling indicates that the service address for relator was the Louisiana State

Penitentiary. The official record contains a copy of the ruling with a return stamp

and notation stating: “Subject is not at Louisiana State Penitentiary. Subject is at

Rayburn Correctional Center.” Additionally, the envelope containing relator’s writ

application bears a stamp from the Rayburn Correctional Center.

The record does not indicate that relator was ever served with a copy of the

December 5, 2022 ruling at his correct address. Accordingly, we grant relator’s

request for mandamus relief and order the trial court to properly serve relator with

its December 5, 2022 Order at the B.B. Rayburn Correctional Center, 27268 LA-

21, Angie, LA 70426.

Gretna, Louisiana, this 12th day of July, 2023.

CER
SJW
JMV

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 07/12/2023 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:

23-KH-304
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Terry Harris #433105 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426