State of Louisiana Versus Romalis Hester

STATE OF LOUISIANA NO. 24-KH-147

VERSUS FIFTH CIRCUIT

ROMALIS HESTER COURT OF APPEAL

STATE OF LOUISIANA

April 23, 2024

Susan Buchholz
Chief Deputy Clerk

IN RE ROMALIS HESTER

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 21-2575

Panel composed of Judges Fredericka Homberg Wicker,
Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

In this pro se writ application, relator, Romalis Hester, seeks a writ of

mandamus from this Court ordering the trial court to provide him with a copy of

his Boykin transcript. He contends that the trial court previously ordered its

production, but he has not received it. Mr. Hester asserts that he needs his

transcript in order to file his first application for post-conviction relief (APCR),

because the “post conviction tolling period has been running since August 5,

2022.”

Relator filed a Motion for Production of Guilty Plea Colloquy, Bill of

Information, and Court Minutes in the trial court on December 19, 2023. On

January 9, 2024, the trial court granted relator’s motion and ordered that relator “be

provided with a copy of his Boykin and sentencing transcript.” The court indicated

that a copy of its order would be forwarded to the Chief of Court Reporters and

24-KH-147

that the transcript would be provided to relator “within the time period as

established by law.”

On February 1, 2024, relator filed a Motion for Boykin Colloquy with the

trial court, in which he acknowledged that he had received copies of the court

minutes and bill of information but he had not yet received a copy of the Boykin

transcript. On February 26, 2024, the trial court denied relator’s motion as moot,

stating that it had “recently ordered production of the defendant’s Boykin

transcripts” and the “order granting production of transcripts is currently pending.”

Given that three months have passed since the trial court ordered the

production of relator’s Boykin and sentencing transcript, and considering relator’s

post-conviction deadline under La. C.Cr.P. art. 930.8, we grant relator’s writ

application for the limited purpose of remanding this matter to the trial court to

ensure compliance with its January 9, 2024 order by requiring the court reporter to

produce relator’s Boykin and sentencing transcripts within 30 days, if it has not

already done so.

Gretna, Louisiana, this 23rd day of April, 2024.

FHW
SJW
JJM

2

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
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 04/23/2024 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:

24-KH-147
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Ellen Shirer Kovach (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Romalis Hester #771344 (Relator)
Dixon Correctional Institute
Post Office Box 788
Jackson, LA 70748