Background
Taurus Hamilton applied for supervisory writs arising from proceedings in the 20th Judicial District Court for East Feliciana Parish, case number 2017-CR-1143.
Hamilton sought appellate relief concerning a document described as a “Motion requesting a rehearing and/or reconsideration of judgment and supplement to application for post-conviction relief.” The East Feliciana Parish clerk of court had no record of receiving that motion.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit, denied Hamilton’s writ application.
The court instructed Hamilton to file the motion with the district court clerk before seeking relief from the court of appeal.
Key Takeaways
- A litigant must file a motion with the district court clerk before seeking appellate intervention concerning that motion.
- The district court clerk had no record of receiving Hamilton’s rehearing or reconsideration motion and supplemental post-conviction filing.
- The writ denial was based on the filing deficiency and did not resolve the merits of Hamilton’s requested post-conviction relief.
Why It Matters
The ruling underscores that supervisory review generally requires a filing and record in the lower court first. A party cannot obtain appellate relief regarding a motion that the district court clerk has not received.