State of Louisiana Versus Abron J. Mickel

STATE OF LOUISIANA NO. 24-KH-457

VERSUS FIFTH CIRCUIT

ABRON J. MICKEL COURT OF APPEAL

STATE OF LOUISIANA

October 11, 2024

Linda Wiseman
First Deputy Clerk

IN RE ABRON J. MICKEL

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D.
ENRIGHT, JR., DIVISION "N", NUMBER 03-5247

Panel composed of Judges Jude G. Gravois,
Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT DENIED

The relator, Abron Mickel, filed the instant writ application that challenges
the trial court’s denial of his most recent application for post-conviction relief
(“APCR”) on the grounds that it is untimely and successive.

After being convicted of armed robbery, the relator was given a life sentence
as a multiple offender. His conviction and sentence were affirmed on appeal. State
v. Mickel, 07-47 (La. App. 5 Cir. 5/29/07), 961 So.2d 516, writ denied, 07-1422
(La. 1/7/08), 973 So.2d 732. Since that time, the relator has filed a total of seven
writs at this Court following the district court’s denials of his various APCRs.
According to the writ application, the relator’s most recent APCR was filed at the
district court on July 8, 2024. In an Order dated July 12, 2024, the district court
denied the APCR as being untimely under La. C.Cr.P. art. 930.8, and successive
under La. C.Cr.P. art. 930.4(D). This timely writ application follows.

La. C.Cr.P. art. 930.8 provides that an APCR must be filed within two years
of the judgment of conviction and sentence becoming final. In this case, the
relator’s conviction and sentence became final in 2008. Accordingly, his APCR is
untimely on its face. In addition, the exceptions set out in La. C.Cr.P. art.
930.8(A)(1), (2), (3), and/or (4) are inapplicable to relator’s case because his claim
does not rest on newly discovered evidence or an unknown interpretation of
constitutional law; his application was filed after October 1, 2001; and he was not
sentenced to death. Accordingly, we find no error in the trial court’s conclusion
that the relator’s most recent APCR was untimely.

24-KH-457

We also find no error in the trial court’s ruling that the relator’s APCR was
repetitive and successive. The relator has unsuccessfully argued in his prior
applications that he was sentenced illegally, and those judgments were upheld by
both this Court and the Louisiana Supreme Court. See, for example, State v.
Mickel, 23-KH-268, unpub., (La. App. 5 Cir. 6/14/23), writ denied, 23-987 (La.
11/15/23), 373 So.3d 78.

On the showing made, we find no basis upon which to disturb the district’s
court’s denial of the relator’s APCR. Accordingly, the writ application is denied.

Gretna, Louisiana, this 11th day of October, 2024.

JJM
JGG
SJW

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 10/11/2024 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-457
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Abron J. Mickel #331495 (Relator)
David Wade Correctional Center
670 Bell Hill Road
Homer, LA 71040