State of Louisiana Versus Jonathon Brown

STATE OF LOUISIANA NO. 24-KH-539

VERSUS FIFTH CIRCUIT

JONATHON BROWN COURT OF APPEAL

STATE OF LOUISIANA

December 10, 2024

Linda Wiseman
First Deputy Clerk

IN RE JONATHON BROWN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER
COX, III, DIVISION "B", NUMBER 19-6214

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Marc E. Johnson

WRIT DENIED

In this pro se writ application, relator, Jonathan Brown, seeks this Court’s

supervisory review of the trial court’s October 11, 2024 ruling which denied his

supplemental application for post-conviction relief (“APCR”). For the following

reasons, we find no merit to relator’s arguments, and thus deny the writ

application.

FACTS AND PROCEDURAL BACKGROUND

On August 25, 2022, a jury found relator guilty of attempted second degree

murder (count one), possession of a firearm by a convicted felon (count two), and

obstruction of justice (count three). On September 23, 2022, the trial court

sentenced relator to fifty years imprisonment at hard labor without the benefit of

parole, probation, or suspension of sentence on count one; twenty years

imprisonment at hard labor without the benefit of parole, probation, or suspension

of sentence on count two; and forty years imprisonment at hard labor on count

three. The trial court ordered all of the sentences to run concurrently with each

other. On October 21, 2022, the trial court adjudicated relator a third-felony

offender, vacated the original sentence on count one, and sentenced relator to

seventy years imprisonment at hard labor without the benefit of parole, probation,

or suspension of sentence. The trial court also ordered relator’s sentence to run

concurrently with his sentences on counts two and three. On June 21, 2023, this

Court affirmed relator’s convictions, the habitual offender adjudication, and his

sentences on counts one and two, but vacated his sentence on count three and

remanded for resentencing. State v. Brown, 22-562 (La. App. 5 Cir. 6/21/23), 368

So.3d 218. Relator did not file a writ application with the Louisiana Supreme

Court.

On July 12, 2024, relator filed his APCR with the trial court, asserting the

following claims: (1) the State elicited false testimony from its witness, Bairn

Hartman, in violation of Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d

1217 (1959); (2) the State committed prosecutorial misconduct by providing Mr.

Hartman with a plea agreement containing an illegally lenient sentence in

exchange for his testimony; and (3) ineffective assistance of counsel. On

September 16, 2024, the State filed its response, asserting that relator’s claims of a

Napue violation and prosecutorial misconduct were procedurally barred under La.

C.Cr.P. art. 930.4(B) and (C), and nevertheless, the claims would fail on the merits.

In addition, the State maintained that relator’s claims of counsel’s ineffectiveness

were without merit.

On September 24, 2024, the trial court denied relief, first finding that

relator’s claims of a Napue violation and prosecutorial misconduct were

procedurally barred under La. C.Cr.P. art. 930.4(B) and (C). The trial court further

found that relator’s “vague and unsupported” allegations of counsel’s

ineffectiveness failed to meet his post-conviction burden of proof under La.

C.Cr.P. art. 930.2. On November 6, 2024, relator filed a writ application with this

Court, seeking supervisory review of the trial court’s September 24, 2024 ruling.

See 24-KH-523.

According to relator, after he received a copy of the State’s response, but

before he received a copy of the trial court’s September 24, 2024 ruling denying

his APCR, he filed a supplemental APCR in the trial court, requesting that the trial

court provide him the opportunity to state his reasons for his failure to raise his

claims of a Napue violation and prosecutorial misconduct at an earlier stage, citing

the prior version of La. C.Cr.P. art. 930.4(F), in effect at the time he filed his

APCR. On October 11, 2024, the trial court denied relator’s supplemental APCR,

finding that “[t]he statutory article does not support the petitioner’s request.” In

doing so, the trial court, citing State ex rel. Rice v. State, 99-496 (La. 11/12/99),

749 So.2d 650, found that relator’s use of the Uniform Application for Post-

Conviction Relief form satisfied the requirements of the prior version of La.

C.Cr.P. art. 930.4(F) and that relator failed to explain his reasons for not previously

raising the claims. As such, the trial court concluded that supplementation was

unnecessary.

ANALYSIS

First, upon review, we find relator’s writ application is procedurally

deficient. Relator did not file a notice of intent with the trial court and did not

provide documentation of a return date with his writ application as required by

Uniform Rules–Courts of Appeal, Rules 4-2 and 4-3.

In any event, in the instant application, relator contends that the trial court

erred in finding that he had failed to explain his reasons for not previously raising

his claims of a Napue violation and prosecutorial misconduct. He asserts that in

his Uniform Application for Post-Conviction Relief form, he explained that he

“failed to raise this claim in the trial court prior to conviction or on appeal because

of ineffective assistance of counsel.” Thus, relator asserts he is entitled to an order

from this Court remanding his case to the trial court for its consideration on the

merits of his claims of a Napue violation and prosecutorial misconduct.

While the trial court never ordered relator to state his reasons for failing to

urge his Napue and prosecutorial misconduct claims in a prior proceeding or on

appeal pursuant to La. C.Cr.P. art. 930.4(F), we find, as the trial court found, that

relator’s use of the Uniform Application for Post-Conviction Relief form provided

relator with an opportunity to state his reasons, and therefore, the trial court did not

err in failing to order relator to state his reasons for his failure to previously raise

the claims. See State ex rel. Rice v. State, 99-496 (La. 11/12/99), 749 So.2d 650.

Additionally, under the prior version of La. C.Cr.P. art. 930.4(F), the trial court

“shall consider the merits of the claim,” only when “the court finds that the failure

was excusable.” In relator’s case, there has been no such finding by the trial court.

Finally, the trial court considered relator’s Napue and prosecutorial misconduct

claims in the context of relator’s ineffective assistance of counsel claims and found

that relator “did not suffer legal prejudice from that representation.” As such, we

find, on the showing made, that relator’s request for a remand under the prior

version of La. C.Cr.P. art. 930.4(F) is unwarranted, and the trial court did not err in

denying his supplemental APCR.

CONCLUSION

Accordingly, this writ application is denied.

Gretna, Louisiana, this 10th day of December, 2024.

JGG
SMC
MEJ

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 12/10/2024 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-539
E-NOTIFIED
24th Judicial District Court (Clerk)
R. Christopher Cox, III (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Jonathon Brown #617898 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426