24-KH-616 Nonprecedential Writ Denied Processed

State of Louisiana Versus Eddie Thomas

Louisiana Court of Appeal, Fifth Circuit · Filed January 15, 2025

Opinion text

STATE OF LOUISIANA NO. 24-KH-616

VERSUS FIFTH CIRCUIT

EDDIE THOMAS COURT OF APPEAL

STATE OF LOUISIANA

January 15, 2025

Linda Wiseman
First Deputy Clerk

IN RE EDDIE THOMAS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER
KOVACH, DIVISION "K", NUMBER 14-6486

Panel composed of Judges Stephen J. Windhorst,
John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED

In this pro se writ application, relator, Eddie Thomas, seeks review of the
trial court’s October 29, 2024, ruling denying his Motion to Correct Illegal
Sentence. For the following reasons, we deny this writ application.

After review, we find relator’s application is deficient because he does not
include a notice of intent as required by Uniform Rules, Courts of Appeal, Rule 4-
2, and has failed to include an order from the trial court setting a return date, as
required by Uniform Rules, Courts of Appeal, Rule 4-3.

Further, under Uniform Rules, Courts of Appeal, Rule 4-3, relator was
required to file his writ application within thirty days of the ruling at issue.
Considering the December 9, 2024 postmark on his filing, relator’s writ application
was filed more than thirty days after the trial court’s ruling on October 29, 2024.
Accordingly, we find the writ application is untimely, as it was not filed within the
time delay set forth in Uniform Rules, Courts of Appeal, Rule 4-3.

Gretna, Louisiana, this 15th day of January, 2025.

TSM
SJW
JJM

24-KH-616 1

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 01/15/2025 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-616
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Ellen Shirer Kovach (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Eddie Thomas #601279 (Relator)
Raymond Laborde Correctional Center
1630 Prison Road
Cottonport, LA 71327