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State ex rel. Vernon v. State

Citations: 747 So. 2d 31; 1999 La. LEXIS 2068; 1999 WL 542293Docket: No. 99-KH-1343

Court: Supreme Court of Louisiana; July 8, 1999; Louisiana; State Supreme Court

Narrative Opinion Summary

Joseph Junior Vernon seeks supervisory and/or remedial writs from the Orleans Parish Criminal Court, asserting that the district court has not timely addressed his post-conviction relief application submitted in September 1995. If the district court has indeed failed to act, it is ordered to consider and respond to the application. Conversely, if the district court has acted correctly, it must accept, file, and process the pleading that has been transferred to it. Additionally, the district court is required to provide a copy of its judgment to the reviewing court. Judge Traylor noted he was not part of the panel for this case.

Legal Issues Addressed

Obligation to Act on Transferred Pleadings

Application: In cases where the district court has acted correctly, it must accept, file, and process pleadings transferred to it from another court.

Reasoning: Conversely, if the district court has acted correctly, it must accept, file, and process the pleading that has been transferred to it.

Requirement to Provide Judgment to Reviewing Court

Application: The district court is required to furnish a copy of its judgment to the reviewing court to ensure all actions are documented and reviewed appropriately.

Reasoning: Additionally, the district court is required to provide a copy of its judgment to the reviewing court.

Timely Addressing Post-Conviction Relief Applications

Application: The district court is required to consider and respond to post-conviction relief applications in a timely manner, failing which a higher court may issue supervisory or remedial writs.

Reasoning: Joseph Junior Vernon seeks supervisory and/or remedial writs from the Orleans Parish Criminal Court, asserting that the district court has not timely addressed his post-conviction relief application submitted in September 1995.