State of Louisiana Versus Terry Robinson

STATE OF LOUISIANA NO. 24-KH-442

VERSUS FIFTH CIRCUIT

TERRY ROBINSON COURT OF APPEAL

STATE OF LOUISIANA

October 21, 2024

Susan Buchholz
Chief Deputy Clerk

IN RE TERRY ROBINSON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS,
DIVISION "G", NUMBER 07-7278

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and Stephen J. Windhorst

WRIT DENIED

Relator, Terry Robinson, seeks review of the trial court’s April 8, 2024 ruling

denying his petition for nullification and the trial court’s June 12, 2024 ruling

denying his petition for rehearing of the trial court’s denial of his petition for

nullification.

On July 21, 2010, relator pled guilty to an amended charge of manslaughter

and was sentenced to 20 years imprisonment at hard labor “without benefit of

probation, parole, or suspension of sentence.” Relator did not appeal his conviction

and sentence.

On April 2, 2024, relator filed a pleading captioned “Petition for

Nullification,” alleging his guilty plea was invalid. In his petition, relator asserted

that the trial court failed to inform him of the nature of the charge and the sentencing

range. Relator also claimed that the trial court erroneously imposed his sentence

without benefit of parole. On April 8, 2024, the trial court denied relator’s petition,

finding it was an application for post-conviction relief (“APCR”) and therefore,

untimely under La. C.Cr.P. art. 930.8 A. However, the trial court found that relator’s

sentence was illegal “in respect to prohibition of parole benefits” and ordered

relator’s sentence to “be corrected, and that the commitment of July 21, 2010, [be]

amended, and defendant’s sentence for manslaughter be corrected to delete any

mention of parole benefits.” On June 4, 2024, relator filed a petition for rehearing

from the denial of his petition for nullification, which the trial court denied. Relator

filed the instant writ application.

Upon review, we find relator’s writ application is deficient and untimely.

Relator did not file a notice of intent to seek a supervisory writ and he did not provide

documentation with a return date, in violation of La. U.R.C.A., Rules 4-2 and 4-3.

Moreover, relator’s writ application postmarked September 18, 2024, filed on

September 23, 2024, was filed more than 30 days from the date of the April 8, 2024

and June 12, 2024 rulings, and therefore, is untimely. La. U.R.C.A., Rule 4-3.

Nevertheless, while relator’s pleading is captioned petition for nullification,

in effect, it is an APCR that is untimely under La. C.Cr.P. art. 930.8. We further

find that the exceptions set forth in La. C.Cr.P. art. 930.8 A(1), (2), (3), or (4) are

inapplicable to relator’s case.

Accordingly, this writ application is denied.

Gretna, Louisiana, this 21st day of October, 2024.

SJW
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 10/21/2024 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-442
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Terry Robinson #533146 (Relator)
Allen Correctional Center
3751 Lauderdale Woodyard Road
Kinder, LA 70648