John Daniel Martin, III Versus State of Louisiana

JOHN DANIEL MARTIN, III NO. 24-KH-462

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

October 09, 2024

Linda Wiseman
First Deputy Clerk

IN RE JOHN DANIEL 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 Jude G. Gravois,
John J. Molaison, Jr., and Scott U. Schlegel

WRIT DENIED

Relator, John Daniel Martin, filed a document entitled “Notice of Intent to
Seek Writ(s)” which seeks a return date for various criminal and civil rulings
rendered by the district court in May and June of 2024. In addition, relator seeks
relief based on the lack of access to legal forms and a law library.

First, pursuant to Rule 4-2 of the Uniform Rules‒Courts of Appeal, a notice
of intent to seek supervisory review and to request a return date must be filed with
the district court, not the court of appeal. In addition, relator does not attach any
motions or rulings indicating that he first requested relief regarding access to a law
library and legal forms from the district court. We are not a court of first
impression and can only review issues that were first submitted to the trial court.
See Uniform Rules–Courts of Appeal, Rule 1-3. Finally, as indicated in our recent
ruling denying relator’s writ application in Case No. 24-KH-357, La. C.Cr.P. art.
926(D) provides that if a petitioner fails to use the uniform application for post-
conviction relief form approved by the Louisiana Supreme Court, the district court
“may provide the petitioner with the uniform application and require its use.”

Accordingly, this writ application is denied.

Gretna, Louisiana, this 9th day of October, 2024.

SUS
JGG
JJM

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 10/09/2024 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-462
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Connie M. Aucoin (DISTRICT JUDGE)
Lauren D. Rogers (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
John Daniel 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