Opinion

State Of Louisiana v. Westly Brown

Court
Louisiana Court of Appeal
Filed
Nov 19, 2020
Cited by
0 cases

The opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SPATE OF LOUISIANA NO. 2020 KW 0903

VERSUS

WESTLY BROWN NOVEMBER 19, 2020

In Re: Westly Brown, applying for supervisory writs, 22nd

Judicial District Court, Parish of Washington, No.

unknown.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. For relator to seek review of the district

court clerk' s office refusal to file his pro se pleading, he

must first institute civil proceedings at the trial court level

for a writ of mandamus against the Clerk of Court. See La. Code

Civ. P. arts. 3861 et seq.

JMM

AHP

Holdridge, J., dissents and would grant the writ

application to order the Washington Parish Clerk to file the pro

se petition for a writ of habeas corpus. The Clerk of Court

does not have the authority to refuse to file a pleading based

on his interpretation of the law.

COURT OF APPEAL, FIRST CIRCUIT

DEPU RK OF COURT

FOR THE COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.