24-KH-634 Nonprecedential Writ Denied Processed

State of Louisiana Versus Terrol Cole

Louisiana Court of Appeal, Fifth Circuit · Filed February 21, 2025

Opinion text

STATE OF LOUISIANA NO. 24-KH-634

VERSUS FIFTH CIRCUIT

TERROL COLE COURT OF APPEAL

STATE OF LOUISIANA

February 21, 2025

Morgan Naquin
Deputy Clerk

IN RE TERROL COLE

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 10-968

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

WRIT DENIED

Relator, Terrol Cole, seeks review of the trial court’s November 20, 2024

denial of his application for post-conviction relief (“APCR”). In his APCR, Relator

argued that the State failed to commence his trial within the two-year provision set

forth in La. C.Cr.P. art. 578(A)(2) for his 2014 conviction for second degree murder.

In its denial, the trial court pretermitted discussion of the merits of Relator’s APCR,

finding it to be untimely.

After review, we find the trial court properly denied Relator’s APCR.

Relator’s APCR did not set forth an exception to the La. C.Cr.P. art. 930.8 time

limitations. Accordingly, the writ application is denied.

Gretna, Louisiana, this 21st day of February, 2025.

MEJ
SMC
JGG

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 02/21/2025 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-634
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Michael P. Mentz (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Terrol Cole #405030 (Relator)
Louisiana State Penitentiary
Angola, LA 70712