Eddie Matthews, III Versus State of Louisiana

EDDIE MATTHEWS, III NO. 24-KH-495

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

November 14, 2024

Linda Wiseman
First Deputy Clerk

IN RE EDDIE MATTHEWS, III

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT,
PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LAUREN D.
ROGERS, DIVISION "E", NUMBER 18,443

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and Marc E. Johnson

WRIT GRANTED

Relator, Eddie Matthews, III, seeks mandamus relief regarding an
application for post-conviction relief (“APCR”), and various motions filed by
Relator in conjunction with the APCR that the 29th Judicial District Court has
not ruled upon. Relator’s conviction and sentence was affirmed by this Court in
State v. E.M., 22-293 (La. App. 5 Cir. 2/27/23), 359 So.3d 90, writ denied, 23-
419 (La. 10/10/23), 371 So.3d 452. On July 9, 2024, Relator filed an APCR and
motions for appointment of counsel, an evidentiary hearing, and subpoena duces
tecum. A week later, the district court ordered the State to file any objections to
Relator’s APCR no later than thirty days from the date of the order. Relator, in
turn, was to file his response to the State’s objections no later than September
16, 2024. Relator advises that he filed a response to the State’s objections, but
he did not include a copy of his response with his writ application.

This Court was unable to access the 29th Judicial District Court record for
this case on the Clerk of Court’s electronic database. Further, Relator filed the
instant application on October 18, 2024, more than three months after filing his
APCR and other motions in the district court. See, e.g., State ex rel. Coleman v.
23rd Judicial District Court, for the Parish of St James, 21-114 (La. App. 5 Cir.
03/19/21) (ordering the district court to rule on an APCR filed two months
before the filing of the writ application).

Considering the foregoing, the writ is granted. The district court is
ordered to rule on Relator’s APCR and all outstanding motions filed on July 9,
2024 within 15 days of this disposition, if it has not already done so. We further
order the district court to provide Relator and this Court with copies of its
rulings.

Gretna, Louisiana, this 14th day of November, 2024.

MEJ
SMC
FHW

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 11/14/2024 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-495
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Lauren D. Rogers (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Eddie Matthews, III #364114 (Relator) Hon. Joel T. Chaisson, II (Respondent)
Rayburn Correctional Center District Attorney
27268 Highway 21 Twenty-Ninth Judicial District Court
Angie, LA 70426 Post Office Box 680
Hahnville, LA 70057