Background
Dennis Lee West applied for supervisory writs arising from proceedings in the 19th Judicial District Court for East Baton Rouge Parish, case numbers 04-07-0230 and 09-06-0574, Section VII.
West’s filing concerned a claim raised in an application for postconviction relief. The writ application, however, did not include the postconviction application, the State’s response, the commissioner’s recommendation, or other pertinent portions of the district court record that might support the claim.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit denied the writ on the showing made. The court concluded that West failed to provide the materials needed to evaluate his claim.
The court also stated that it would not consider supplementation of the writ application or an application for rehearing, citing Rules 2-18.7 and 4-9 of the Uniform Rules of Louisiana Courts of Appeal.
Key Takeaways
- A supervisory-writ applicant must include the pertinent district court materials supporting the claim.
- West’s omission of the postconviction filings, recommendation, and relevant record documents resulted in denial on the showing made.
- The court expressly foreclosed supplementation and rehearing of this writ application.
Why It Matters
The disposition underscores that an appellate court will not reconstruct an incomplete record for a supervisory-writ applicant. Counsel seeking review should ensure that the application contains every filing and record document necessary to evaluate the asserted claim.