State of Louisiana Versus John D. Martin III

STATE OF LOUISIANA NO. 24-KH-357

VERSUS FIFTH CIRCUIT

JOHN D. MARTIN III COURT OF APPEAL

STATE OF LOUISIANA

August 26, 2024

Linda Wiseman
First Deputy Clerk

IN RE JOHN D. MARTIN III

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT
COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
CONNIE M. AUCOIN, DIVISION "C", NUMBER 22,159

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED

On August 7, 2024, relator, John D. Martin III, filed a “Motion to

Appeal”, which refers to a judgment of December 8, 2023. A review of the

record indicates that a judge trial was held on December 4, 2023, and that

relator was found guilty of domestic abuse battery by strangulation (La. R.S.

14:35.3(L)), and possession of a firearm by a convicted felon (La. R.S.

14:95.1). He was sentenced on December 18, 2023.

Relator attaches as Exhibit B, an order of April 2, 2024, which denied

his Motion to Correct Illegal Sentence. However, it appears that relator is

actually seeking an appeal of his conviction and sentence. Further, any

appeal from the December 18, 2023 judgment would be considered an out-

of-time appeal.

This court is not the correct place to file an initial appeal because

appellate courts only review issues that were first submitted to the trial court.

See Uniform Rules–Courts of Appeal, Rule 1-3. Relator must first seek

relief from the trial court by filing an application for post-conviction relief

requesting an out-of-time appeal in accordance with La. C.Cr.P. art. 926(D),

which provides:

The petitioner shall use the uniform application for post conviction
relief approved by the Supreme Court of Louisiana. If the petitioner
fails to use the uniform application, the court may provide the
petitioner with the uniform application and require its use.

Accordingly, on the showing made, the writ application is denied.

Gretna, Louisiana, this 26th day of August, 2024.

SUS
FHW
MEJ

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 08/26/2024 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-357
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Connie M. Aucoin (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
John D. Martin III #320411 (Relator) Hon. Joel T. Chaisson, II (Respondent)
Beauregard Parish Transitional Work District Attorney
Program Twenty-Ninth Judicial District Court
14925 Highway 27 Post Office Box 680
DeQuincy, LA 70633 Hahnville, LA 70057