State of Louisiana Versus Delcome Evans

STATE OF LOUISIANA NO. 24-KH-509

VERSUS FIFTH CIRCUIT

DELCOME EVANS COURT OF APPEAL

STATE OF LOUISIANA

November 06, 2024

Linda Wiseman
First Deputy Clerk

IN RE DELCOME EVANS

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF
ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING
SNOWDY, DIVISION "C", NUMBER 15,144

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, Delcome Evans, seeks mandamus relief to order the trial court to
rule upon his: (1) “Request for Disclosure of the District Attorney’s Records
Pertaining to Criminal Litigation that is Finally Adjudicated or Otherwise Settled.
Public Records Law. Louisiana Revised Statute 44:3,” filed on June 20, 2024, and
(2) “Petition to Institute Civil Proceedings at the Trial Court Level for a Writ of
Mandamus Against the District Attorney,” filed on July 6, 2024.

Both pleadings were filed in his criminal case in the 40th Judicial District
Court, Case No. 2015-CR-144. Relator urges this Court to grant his writ of
mandamus and requests that the 40th Judicial District Court order the St. John
Parish District Attorney’s Office, as the custodian of records, to respond to his
request under the Public Records Law. In both pleadings, relator requests the St.
John District Attorney’s Office to produce the following: (1) documentation of his
1999 arrest for forcible rape of a juvenile in Orleans Parish; (2) documentation of
New Orleans Police Department Reports concerning the 1999 incident; and (3)
documentation of his prior sexual assault record from Orleans Parish filed under
seal. According to relator, the requested documents were introduced as other
crimes evidence by the State during his trial.1

A writ application arising in a criminal proceeding is not the proper
procedural vehicle to establish a right to records under the Public Records Law.
State ex rel. McKnight v. State, 98-2258 (La. App. 1 Cir. 12/3/98), 742 So. 2d 894,

1
Relator is serving a fifty-five-year sentence following his 2018 conviction for forcible rape in violation of La. R.S.
14:42.1 and sentencing as a second-felony offender. See State v. Evans, 19-237 (La. App. 5 Cir. 6/3/20), 298 So.3d
394. Forcible rape is now known as second degree rape. See La. R.S. 14:42.1(C).

895, citing La. R.S. 44:1, et seq. Rather, an individual seeking to examine public
records must first make a request to the custodian of the records. Id., citing La.
R.S. 44:31 and La. R.S. 44:32. Even assuming relator properly asked the district
attorney’s office for the file, relator’s recourse is to institute civil proceedings at
the trial court level for a writ of mandamus against the district attorney’s office.
See La. R.S. 44:35(A); McKnight, supra. If relator is dissatisfied with the trial
court’s ruling in the civil proceeding, he may seek a civil appeal. See La. R.S.
44:35(C); McKnight, supra; Terrick v Connick, 22-95 (La. App. 5 Cir. 4/5/22)
(unpublished writ disposition) (finding relator’s recourse was to institute a civil
proceeding at the district court level for mandamus relief, and to seek a civil appeal
of any adverse ruling).

In the pending case, relator filed his pleadings seeking relief under the
Public Records Law in his criminal case. However, relief under the Public
Records Law is a separate cause of action, which should not have been filed in his
criminal case.

Accordingly, relator’s writ application is denied.

Gretna, Louisiana, this 6th day of November, 2024.

SUS
MEJ
TSM

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 11/06/2024 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-509
E-NOTIFIED
40th District Court (Clerk)
Honorable J. Sterling Snowdy (DISTRICT JUDGE)
Bridget A. Dinvaut (Respondent)

MAILED
Delcome Evans #429893 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426