Eric Richardson Versus 24th Judicial District Court Parish of Jefferson State of Louisiana

ERIC RICHARDSON NO. 24-KH-558

VERSUS FIFTH CIRCUIT

24TH JUDICIAL DISTRICT COURT PARISH OF COURT OF APPEAL JEFFERSON STATE OF LOUISIANA STATE OF LOUISIANA

December 02, 2024

Linda Wiseman First Deputy Clerk

IN RE ERIC RICHARDSON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JUNE B. DARENSBURG, DIVISION "C", NUMBER 16-6969

Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst, and Timothy S. Marcel

WRIT DENIED

In this pro se writ application filed on November 20, 2024, realtor, Eric Richardson, seeks mandamus relief ordering the trial court to conduct a preliminary examination in case number 16-6969 in the 24th Judicial District Court. In support of his claim, relator includes a copy of the trial court’s order stating that the preliminary examination was set for hearing on December 15, 2016. Also enclosed is the December 15, 2016 minute entry continuing the hearing without date.

A review of the court record shows that the trial court continued the December 15, 2016 preliminary examination without date because the relator was not present in court. The record also indicates that fourteen months later, relator was found guilty of five counts of a variety of drug offenses following a bench trial on April 18, 2018 and was sentenced on May 22, 2018. When a defendant does not object to the trial court’s failure to rule on a motion before trial, the motion is considered waived. State v. Rivera, 13-673 (La. App. 5 Cir. 1/31/14), 134 So.3d 61, 66. Furthermore, at that early stage of a case, a finding that the State lacks probable cause entitles a defendant only to be released from custody or bail and does not prevent the State from proceeding against him. See La. C.Cr.P. art. 296. Thus, absent a demonstration of prejudice, any issue concerning probable cause is moot after conviction. State v. Williams, 10-1067 (La. App. 5 Cir. 10/25/11), 77 So.3d 394.

In the instant case, relator’s convictions and sentences were affirmed by this Court on September 4, 2019. State v. Richardson, 18-717 (La. App. 5 Cir. 9/4/19), 279 So.3d 501, writ denied, 19-1722 (La. 7/2/20), 297 So.3d 764. Relator’s writ of

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mandamus requesting a preliminary examination approximately four years after his convictions and sentences became final is moot.1

Accordingly, relator is not entitled to mandamus relief. The writ application is denied.

Gretna, Louisiana, this 2nd day of December, 2024.

TSM SMC SJW

1 To the extent that relator argues that the trial court’s failure to hold the preliminary examination constitutes a due process violation, such a claim, raised in a post-conviction context, is time-barred. See La. C.Cr.P. art. 930.8(A), which provides in pertinent part: “No application for post-conviction relief including applications which seek an out-of-time appeal, shall be considered if it is filed more than two years after the judgment of conviction and sentence has become final.”

2 24-KH-558

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 12/02/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-558 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable June B. Darensburg (DISTRICT JUDGE) Thomas J. Butler (Respondent)

MAILED Eric Richardson #125418 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426