State of Louisiana Versus Terrol Cole
State of Louisiana Versus Terrol Cole, No. 24-KH-634 (La. Ct. App. 5th Cir. Feb. 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