State of Louisiana Versus Ronald J. Morgan

STATE OF LOUISIANA NO. 25-KH-318

VERSUS FIFTH CIRCUIT

RONALD J. MORGAN COURT OF APPEAL

STATE OF LOUISIANA

July 29, 2025

Linda Tran
First Deputy Clerk

IN RE RONALD J. MORGAN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A.
ROWAN, JR., DIVISION "L", NUMBER 034931

Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED

Relator, Ronald Morgan, seeks this Court’s supervisory review of the trial
court’s April 30, 2025 ruling which denied his “Emergency Petition for Writ of
Habeas Corpus.” In his petition, relator argued that he had recently discovered via
a public records request for documents from his case that his indictment was
defective as it was “not brought into open court” and the grand jury was not polled.
On April 30, 2025, the trial court denied relief, finding that relator’s petition is
governed by the law of post-conviction relief and is untimely under La. C.Cr.P. art.
930.8(A).
In his writ application, relator argues that his claim concerning his defective
indictment falls under the “facts not known” exception of La. C.Cr.P. art.
930.8(A)(1). In support of his claim, relator relies on a letter from the 24th
Judicial District Court Clerk of Court, dated March 19, 2025, which relator claims
establishes that the polling of the grand jury was “not part of the record.”

Upon review, we find no error in the trial court’s ruling which denied
relator’s “Emergency Petition for Writ of Habeas Corpus.” We find relator’s
pleading is an application for post-conviction relief that is untimely under La.
C.Cr.P. art. 930.8, as relator’s convictions and sentences became final in 2011. See
State v. Morgan, 11-896 (La. 10/21/11), 73 So.3d 381. Relator gives no
explanation as to why he did not request documentation regarding the grand jury
members who voted for the indictment until 2025. As such, relator does not meet
the diligence requirement of La. C.Cr.P. art. 930.8(A)(1).

Furthermore, the letter from the Clerk of Court indicates that relator was
provided with the “grand jury entry” from his case. According to the grand jury

report from relator’s official record dated September 4, 2003, a copy of which is
attached to this disposition, the Jefferson Parish Grand Jury returned an indictment
charging relator with aggravated rape and aggravated incest, and the members of
the grand jury were polled. As such, we find relator’s claim that the polling of the
grand jury was not in the record appears to be a misreading of the Clerk of Court’s
letter. Accordingly, notwithstanding La. C.Cr.P. art. 930.8’s time bar, we find
relator’s claim does not warrant relief, and therefore, this writ application is
denied.

Gretna, Louisiana, this 29th day of July, 2025.

JGG
MEJ
SUS

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. TRAN
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 07/29/2025 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:

25-KH-318
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Ronald J. Morgan #304727 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426