Opinion
NO. 2018 KW 0526
07-17-2018
In Re: Edmond Spencer, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 96-CR1-064076. BEFORE: McDONALD, McCLENDON, AND HOLDRIDGE, JJ.
WRIT DENIED AS MOOT. The Clerk of Court of Washington Parish has no record of receiving a "State Habeas Corpus" (allegedly filed on April 11, 2018). Relator should file the motion with the clerk of court of the district court before seeking relief from this court. Further, the record of the Clerk of Court of Washington Parish reflects that relator was charged by an amended indictment for the charge at issue in his petition for a writ of habeas corpus (styled "State Habeas Corpus") and subsequently convicted. Therefore, a request for release under La. Code Crim. P. art. 701(B) is moot. See State v. Varmall, 539 So.2d 45 (La. 1989) (per curiam).
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT