23-KH-379 Nonprecedential Writ Granted Processed

State of Louisiana Versus Glynn Juniors

Louisiana Court of Appeal, Fifth Circuit · Filed September 8, 2023

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Opinion text

STATE OF LOUISIANA NO. 23-KH-379

VERSUS FIFTH CIRCUIT

GLYNN JUNIORS COURT OF APPEAL

STATE OF LOUISIANA

September 08, 2023

Linda Wiseman
First Deputy Clerk

IN RE GLYNN JUNIORS, JR.

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST
JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING SNOWDY,
DIVISION "C", NUMBER 98,12

Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Glynn Juniors, seeks review of the trial court’s March 22, 2023 order

denying his application for post-conviction relief (“APCR”) filed in the 40th Judicial

District Court on December 29, 2022. Relator was indicted in St. John the Baptist Parish

for first degree murder. However, pursuant to a defense motion for change of venue, the

case was transferred to Vermillion Parish in the 15th Judicial District Court, where he was

convicted and sentenced.1 As a result, Relator should have filed his APCR in Vermillion

Parish.2

Therefore, we find that the 40th Judicial District Court was not the proper venue for

the filing of Relator’s APCR. Accordingly, we grant the writ application for the limited

purpose of vacating the trial court’s March 22, 2023 order.

Gretna, Louisiana, this 8th day of September, 2023.

MEJ
SMC
JJM

1
See, State v. Juniors, 05-649 (La. App. 3 Cir. 12/30/05), 918 So.2d 1137, for the underlying facts of the matter.
2
See, La. C.Cr.P. art. 925, which states, “Applications for post conviction relief shall be filed in the parish in which the
petitioner was convicted.”

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.
SCOTT U. SCHLEGEL 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 09/08/2023 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-379
E-NOTIFIED
40th District Court (Clerk)
Honorable J. Sterling Snowdy (DISTRICT JUDGE)
Honorable Bridget A. Dinvaut (Respondent)

MAILED
Talia N. MacMath (Relator)
Naila K. Campbell (Relator)
Matilde J. Carbia (Relator)
Attorney at Law
1340 Poydras Street
Suite 1700
New Orleans, LA 70112

SENDE::R C01'.fF'lFTF 1.tlS SLCTIO'J

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1. Article Addressed ~
Talia N. MacMath
Attorney at Law
1340 Poydras Street
Suite 1700
New Orleans, LA 70112
23-Kn-_,, , 09-0&-23

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