State of Louisiana Versus Kenneth W. Adams

STATE OF LOUISIANA NO. 24-KH-486

VERSUS FIFTH CIRCUIT

KENNETH W. ADAMS COURT OF APPEAL

STATE OF LOUISIANA

November 18, 2024

Linda Wiseman
First Deputy Clerk

IN RE KENNETH W. ADAMS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL P.
MENTZ, DIVISION "F", NUMBER 13-180

Panel composed of Judges Fredericka Homberg Wicker,
Stephen J. Windhorst, and Timothy S. Marcel

WRIT DENIED

Relator, Kenneth Adams, seeks review of the district court’s April 2, 2024
ruling denying his Motion for Relief from Judgment of Conviction Due to Fraud,
Vindictiveness and Criminal Acts by the District Attorney.

On March 10, 2014, relator pled guilty pursuant to a plea agreement to
attempted aggravated rape (count one), aggravated burglary (count two), and
simple robbery (count three) and was sentenced to twenty-five years imprisonment
at hard labor on each of counts one and two with the sentence on count one to be
served without benefit of parole, probation, or suspension of sentence and seven
years imprisonment at hard labor on count three with all sentences to run
concurrently. On that same day, the State filed a multiple bill of information
charging relator as a second felony offender on count one. Relator stipulated to
being a second offender. Afterwards, the district court vacated his original sentence
and sentenced him to twenty-five years under La. R.S. 15:529.1. The enhanced
sentence was ordered to run concurrently with counts two and three. Relator did
not appeal his convictions and sentences.

On March 14, 2024, relator filed a pleading captioned Motion for Relief from
Judgment of Conviction Due to Fraud, Vindictiveness and Criminal Acts by the
District Attorney, alleging prosecutorial fraud. In his motion, relator claims the
prosecutor misrepresented the facts of the attempted aggravated rape offense,
arguing that the documentation supported a charge of aggravated rape rather than
attempted aggravated rape. The district court denied relief, finding it was an
application for post-conviction relief (APCR) and therefore, untimely under La.

24-KH-486 1

C.Cr.P. art. 930.8. The district court further found that relator failed to meet his
burden of proof under La. C.Cr.P. art. 930.2.

Upon review, we find relator’s writ application is deficient in that he did not
include documentation of the return date with his writ application, in violation of
La. U.R.C.A., Rule 4-3. Nevertheless, while relator's pleading is captioned as
Motion for Relief from Judgment of Conviction Due to Fraud, Vindictiveness and
Criminal Acts by the District Attorney, 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.

Based on the foregoing, we find no error in the district court’s ruling.
Accordingly, this writ application is denied.

Gretna, Louisiana, this 18th day of November, 2024.

TSM
FHW
SJW

24-KH-486 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 11/18/2024 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-486
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Michael P. Mentz (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Kenneth W. Adams #336245 (Relator)
Dixon Correctional Institute
Post Office Box 788
Jackson, LA 70748