Opinion
NO. 20-K-120
04-09-2020
STATE OF LOUISIANA v. SAMMY DAVIS
Susan Buchholz First Deputy Clerk IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ROBERT J. BURNS, JUDGE PRO TEMPORE, DIVISION "M", NUMBER 17-649 Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst, and Hans J. Liljeberg
WRIT GRANTED.
In this writ application, the State challenges the district court's judgment declining to clarify the judgment interpreting Mr. Davis' sex offender registration and notification requirements. Because Mr. Davis is a person found not guilty by reason of insanity but committed, he is considered to be convicted under La. R.S. 15:541(7); State v. Cook, 16-1518 (La. 5/3/17), 226 So.3d 387, 391. Thus, to be relieved of his obligation to register as a sex offender as required under La. R.S. 15:542, he must file a petition for injunction or declaratory judgment in the Nineteenth Judicial District Court in accordance with La. R.S. 15:544.1. Cook, at 392.
For the foregoing reasons, we find that the November 6, 2019 Order regarding the application and/or interpretation of Mr. Davis' sex offender registration and notification requirements is void as a matter of law. Accordingly, we grant the State's writ application and vacate both the district court's November 6, 2019 ruling and the January 30, 2020 ruling.
Gretna, Louisiana, this 9th day of April, 2020.