Narrative Opinion Summary
The relator, Robert Myles, seeks a writ of habeas corpus and supervisory or remedial writs from the Criminal District Court for the Parish of Orleans, specifically Division D, under case number 265-242. Myles contends that the district court has not acted promptly on a post-conviction relief application he claims to have filed around November 6, 1989. The court orders that if Myles' assertion is accurate, the district court must evaluate and respond to the application. Conversely, if his claim is incorrect, the district court is instructed to accept, file, and address the pleading that has been transferred to it.
Legal Issues Addressed
Obligation to Address Pleadingssubscribe to see similar legal issues
Application: The district court must accept, file, and address pleadings if there is a determination that a claim has not been previously filed.
Reasoning: Conversely, if his claim is incorrect, the district court is instructed to accept, file, and address the pleading that has been transferred to it.
Timely Action on Post-Conviction Relief Applicationssubscribe to see similar legal issues
Application: The district court is required to evaluate and respond to post-conviction relief applications if they have been filed in a timely manner.
Reasoning: Myles contends that the district court has not acted promptly on a post-conviction relief application he claims to have filed around November 6, 1989.
Writ of Habeas Corpus and Supervisory or Remedial Writssubscribe to see similar legal issues
Application: The court considers the issuance of writs to compel a lower court to act on matters that have not been timely addressed.
Reasoning: The relator, Robert Myles, seeks a writ of habeas corpus and supervisory or remedial writs from the Criminal District Court for the Parish of Orleans, specifically Division D, under case number 265-242.