¶2Petitioner complains in her application that the internal operating procedures of the Fifth Circuit Court of Appeal effectively deprived her of supervisory review of a district court judgment denying her post-conviction relief in 2001 and resulted in an order from the court of appeal which did not conform to the requirements of La. Const. art. V, § 8(B). Cordero v. Jones, Warden, 01-1085 (La.9/20/02) (Dufresne, Cannella, Edwards, JJ.; Dufresne, J., for the court), writ denied, 01-3017 (La.9/20/02), 825 So.2d 1167. The application asks for various forms of relief, including merits review of her claims originally presented in her 2001 application.
¶3This Court has received several hundred applications raising similar claims and asking for similar relief filed by petitioners whose pro se applications were denied by the Fifth Circuit from February 8, 1994 to May 21, 2007. (See 08-KH-1718 through 08-KH-1726; 08-KH-1729 through 08-KH-1730; 08-KH-1732 through 08-KH-1734; 08-KH-1736 through 08-KH-1743; 08-KH-1748 through 08-KH-1755; 08-KH-1757 through 08-KH-1766; 08-KH-1770 through 08-KH-1802; 08-KH-1804 through 08-KH-1813; 08-KH-1816 through 08-KH-1818; 08-KH-1821 through 08-KH-1823; 08-KH-1825 through 08-KH-1844; 08-KH-1846; 08-KH-1848 through 08-KH-1854; 08-KH-1856 through 08-KH-1862; 08-KH-1866 through 08-KH-1878; 08-KH-1880; 08-KH-1882 through 08-KH-1884; 08-KH-1886 through 08-KH-1889; 08-KH-1891 through 08-KH-1892; 08-KH-1904 through 08-KH-1910; 08-KH-1913 through 08-KH-1925; 08-KH-1930 through 08-KH-1938; 08-KH-1941 through 08-KH-1946; 08-KH-1948; 08-KH-1952 through 08-KH-1954; 08-KH-2002; 08-KH-2004 through 08-KH-2009; 08-KH-2015 through 08-KH-2017; 08-KH 2028 through 08-KH-2033; 08-KH-2043; 08-KH-2047 through 08-KH-2054; 08-KH-2056; 08-KH-2061; 08-KH-2063 through 08-KH-2065; 08-KH-2067 through 08-KH-2069; 08-KH 2071 through 08-KH-2074; 08-KH 2083; 08-KH-2087 through 08-KH-2089; 08-KH-2091 through 08-KH-2093; 08-KH-2110 through 08-KH-2112; 08-KH 2116; 08-KH-2120 through 08-KH-2121; 08-KH-2206; 08-KH-2216 through 08-KH-2219; 08-KH-2221 through 08-KH-2222; 08-KH-2234 through 08-KH-2239; 08-KH-2241; 08-KH-2269 through 08-KH-2270; 08-KH-2272 through 08-KH-2277; 08-KH-2280 through 08-KH-2286; 08-KH-2298; 08-KH-2300; 08-KH-2305 through 08-KH-2308; 08-KH-2322 through 08-KH-2324; 08-KH-2326 through 08-KH-2328; 08-KH-2332 through 08-KH-2333; 08-KH-2360 through 08-KH-2361; 08-KH-2369; 08-KH-2372 through 08-KH-2381; and 08-KH-2384.)
¶4We have also received from the Fifth Circuit Court of Appeal an en banc resolution unanimously adopted by that court on September 9, 2008, recommending that this Court transfer all of these applications *205 to the court of appeal for random allotment to a panel of three judges drawn from five judges on that court, Chehardy, McManus, Wicker, Guidry, JJ., and Jasmine, Pro Tem. The en banc resolution also sets out internal procedures designed to promote completely independent review by the randomly-selected panels.
¶5Therefore, in accordance with the Resolution of the Fifth Circuit Court of Appeal en banc, the application of Sandra Cordero is herewith transferred to the Fifth Circuit Court of Appeal for consideration according to the procedures outlined in the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. These three-judge panels are to be insulated from all persons, other than the panel judges and their respective personal staffs. This Court also determines that the applications presently filed and pending in this Court by petitioners, raising similar claims and enumerated hereinabove should also be handled in accordance with the procedures outlined in this Order and the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008. Further, this Court also determines under its supervisory authority that the applications presently filed and pending in the Fifth Circuit Court of Appeal by those petitioners who raise similar claims should also be handled in accordance with the procedures outlined in this Order and the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008.
¶6A copy of the Fifth Circuit Court of Appeal's en banc resolution of September 9, 2008 and a list of the similar applications to be transferred by this Court shortly to the Fifth Circuit Court of Appeal in separate actions are appended to this Order.
¶7WEIMER, J., dissents and assigns reasons.
¶8KIMBALL, J., concurs in denial of rehearing and assigns reasons, joined by VICTORY, TRAYLOR and KNOLL, JJ.
¶9JOHNSON and WEIMER, JJ., would grant rehearing.
APPENDIX
MINUTES
MINUTES OF THE EN BANC MEETING OF THE JUDGES OF THE FIFTH CIRCUIT COURT OF APPEAL
¶13PRESENT: CHIEF JUDGE EDWARD A. DUFRESNE, JR.
¶14JUDGE MARION F. EDWARDS
¶15JUDGE SUSAN M. CHEHARDY
¶16JUDGE CLARENCE E. MCMANUS
¶17JUDGE WALTER J. ROTHSCHILD
¶18JUDGE FREDERICA HOMBERG WICKER
¶19JUDGE GREG G. GUIDRY By Proxy
¶20A quorum of the Judges being present, the meeting was called to order on September 9, 2008, by Chief Judge Edward A. Dufresne, Jr.
¶21The Chief Judge distributed a Resolution which was reviewed and discussed by all. Following this discussion the Resolution was amended, the amendments discussed and the Resolution, as amended, was called for a vote. The Resolution (See Exhibit "A"), was moved by J. Edwards and seconded by J. Wicker and passed unanimously.
¶22The provisions of the Resolution will not be implemented until acted upon by the Supreme Court. This too was approved by this court en banc.
¶23*206 The next en banc meeting is scheduled for September 16, 2008.
9-9-2008 DATE 9-9-2008 DATE /s/ Walter J. Rothschild JUDGE WALTER J. ROTHSCHILD RECORDING JUDGE /s/ Edward A. Dufresne, Jr. CHIEF JUDGE EDWARD A. DUFRESNE, JR. APPROVED BY:RESOLUTION
¶25Recommend to the Supreme Court the following possible solution to the Pro-Se Criminal Writ applications complaining that earlier applications by those same applicants had received inadequate review by this Court.
¶26First, we are proposing that you consider remanding each of the current applications in your court to this court with direction that they be assigned to respective three-judge panels randomly selected from five judges of this court; namely, Judges Chehardy, McManus, Wicker, Guidry and Pro Tempore Jasmine who incidentally have had no hand in the process by which this court earlier handled these multiple applicants' earlier writs in this court.
¶27Under this proposal, the applications will be controlled, handled and considered only by those five judges and such members of their respective personal staffs selected by them as a group, and as approved by the respective panels. Furthermore, none of the other three judges on this court will be involved in any way in consideration of the work of the three-judge panels, or conversant in any way with the five-panel judges to be assigned to handle these cases and their respective personal staff members which the five judges alone will choose to have assist them.
¶28We are guided in this request by a desire to avoid imposing; financial or other burdens on other judges in this state who might otherwise be called upon to consider these cases out of our court.
¶29Above Resolution adopted this 9th day of September, 2008 at an En Banc Meeting of the Fifth Circuit Court of Appeal.
Cases Transferred by Order of the Court
¶3108-KH-1717 State ex rel. Sandra Cordero v. State
¶3208-KH-1718 State ex rel. Jamie Simmons v. State
¶3308-KH-1719 State ex rel. Dessie Tucker v. State
¶3408-KH-1720 State ex rel. Kim Jackson v. State
¶3508-KH-1721 State ex rel. Wesley Guillard v. State
¶3608-KH-1722 State ex rel. Leo Pineyro v. State
¶3708-KH-1723 State ex rel. Theodore Mathis v. State
¶3808-KH-1724 State ex rel. Antoinette Holmes v. State
¶3908-KH-1725 State ex rel. Kenneth A. Edwards v. State
¶4008-KH-1726 State ex rel. Edna Gibson v. State
¶4108-KH-1729 State ex rel. Rhonda K. Oliver v. State
¶4208-KH-1730 State ex rel. Dwayne Simms v. State
¶4308-KH-1732 State ex rel. Castadell Ruffin v. State
¶4408-KH-1733 State ex rel. Michael Brown v. State
¶45*207 08-KH-1734 State ex rel. Alexander Hymes v. State
¶4608-KH-1736 State ex rel. Carolyn Lee Moore v. State
¶4708-KH-1737 State ex rel. Zannie Neal v. State
¶4808-KH-1738 State ex rel. Jimmie D. Sprinkle v. State
¶4908-KH-1739 State ex rel. Dwayne Lee Rodrigues v. State
¶5008-KH-1740 State ex rel. David Patterson v. State
¶5108-KH-1741 State ex rel. Melvin Faucheaux v. State
¶5208-KH-1742 State ex rel. Clarence Williams v. State
¶5308-KH-1743 State ex rel. Claude Quest v. State
¶5408-KH-1748 State ex rel. Michael Wilson v. State
¶5508-KH-1749 State ex rel. Glen Styles v. State
¶5608-KH-1750 State ex rel. Cathy Johnson v. State
¶5708-KH-1751 State ex rel. Leon Williams Jr. v. State
¶5808-KH-1752 State ex rel. James Flowers v. State
¶5908-KH-1753 State ex rel. Larry Harris v. State
¶6008-KH-1754 State ex rel. Jimmie Level Jr. v. State
¶6108-KH-1755 State ex rel. Derrick Estes v. State
¶6208-KH-1757 State ex rel. Stanley C. Veal v. State
¶6308-KH-1758 State ex rel. David Boudreaux v. State
¶6408-KH-1760 State ex rel. Johnny Luna v. State
¶6508-KH-1761 State ex rel. Terri Revere v. State
¶6608-KH-1762 State ex rel. Bertha Lawrence v. State
¶6708-KH-1763 State ex rel. Helen Lane v. State
¶6808-KH-1764 State ex rel. Van D. Hudson v. State
¶6908-KH-1765 State ex rel. Joseph Wiggins v. State
¶7008-KH-1766 State ex rel. April George v. State
¶7108-KH-1770 State ex rel. Rannell Craig v. State
¶7208-KH-1771 State ex rel. Carrie Bell v. State
¶7308-KH-1772 State ex rel. Charlonda Hymes v. State
¶7408-KH-1773 State ex rel. Melvin Frank v. State
¶7508-KH-1774 State ex rel. Linroy Douglas v. State
¶7608-KH-1775 State ex rel. Payton Funchess v. State
¶7708-KH-1776 State ex rel. Eric Hurst v. State
¶7808-KH-1777 State ex rel. Walter Bailey v. State
¶7908-KH-1778 State ex rel. Derrick Chairs v. State
¶8008-KH-1779 State ex rel. Cedrick Washington v. State
¶8108-KH-1780 State ex rel. Era Sanders v. State
¶8208-KH-1781 State ex rel. Joseph Jerome Jr. v. State
¶8308-KH-1759 State ex rel. Kenneth Wilson v. State
¶8408-KH-1782 State ex rel. Waldo Short v. State
¶85*208 08-KH-1783 State ex rel. Cesar Roca Sr. v. State
¶8608-KH-1784 State ex rel. Robert McCloud v. State
¶8708-KH-1785 State ex rel. Thaddeus Johnson v. State
¶8808-KH-1786 State ex rel. James Odoms v. State
¶8908-KH-1787 State ex rel. Donald Muse v. State
¶9008-KH-1788 State ex rel. Aaron Gentras v. State
¶9108-KH-1789 State ex rel. Marvin Wallace v. State
¶9208-KH-1790 State ex rel. Minnie McCaleb v. State
¶93c/w
¶9408-KH-1911 State ex rel. Minnie McCaleb v. State
¶9508-KH-1791 State ex rel. Darrel Jones v. State
¶9608-KH-1792 State ex rel. Lionel Jones v. State
¶9708-KH-1793 State ex rel. William Brown, III v. State
¶9808-KH-1794 State ex rel. Eric Isaac v. State
¶9908-KH-1795 State ex rel. Marcel Dugar v. State
¶10008-KH-1796 State ex rel. Troy McCloud v. State
¶10108-KH-1797 State ex rel. Willie Curtis v. State
¶10208-KH-1798 State ex rel. Gill W. Jasmine v. State
¶10308-KH-1799 State ex rel. Angel Nieves v. State
¶10408-KH-1801 State ex rel. Morris Price v. State
¶10508-KH-1802 State ex rel. Marlon C. Page v. State
¶10608-KH-1804 State ex rel. Louie M. Schexnayder v. State
¶10708-KH-1805 State ex rel. Rodney Taylor v. State
¶10808-KH-1806 State ex rel. John W. Tonubee v. State
¶10908-KH-1807 State ex rel. Charlie Brown v. State
¶11008-KH-1808 State ex rel. Alan Maise v. State
¶11108-KH-1809 State ex rel. Anthony Diggs v. State
¶11208-KH-1810 State ex rel. Adolph R. Boles v. State
¶11308-KH-1811 State ex rel. Henry L. Fisher v. State
¶11408-KH-1812 State ex rel. Derrick Hopson v. State
¶11508-KH-1813 State ex rel. Aaron Wilford v. State
¶11608-KH-1816 State ex rel. Dermon Rodriguez v. State
¶11708-KH-1817 State ex rel. Keith Mosley v. State
¶11808-KH-1818 State ex rel. Clifford Wright v. State
¶11908-KH-1821 State ex rel. Vernon Francis v. State
¶12008-KH-1822 State ex rel. Kirk Bell v. State
¶12108-KH-1823 State ex rel. Arthur Rhodes v. State
¶12208-KH-1825 State ex rel. Ronnie Smith v. State
¶12308-KH-1800 State ex rel. Robert Roussell v. State
¶12408-KH-1826 State ex rel. Jevine Haley v. State
¶125*209 08-KH-1827 State ex rel. Marvin Johnson v. State
¶12608-KH-1828 State ex rel. George Wade v. State
¶12708-KH-1829 State ex rel. Tommy L. Bordelon v. State
¶12808-KH-1830 State ex rel. William Smith v. State
¶12908-KH-1831 State ex rel. Larry Walker v. State
¶13008-KH-1832 State ex rel. Ronnie Davis v. State
¶13108-KH-1833 State ex rel. Carl Quijano v. State
¶13208-KH-1834 State ex rel. Larry Sims v. State
¶13308-KH-1835 State ex rel. Tremaine Payne v. State
¶13408-KH-1836 State ex rel. Anthony Jefferson v. State
¶13508-KH-1837 State ex rel. Torey R. Harris v. State
¶13608-KH-1838 State ex rel. Donald Hensley Jr. v. State
¶13708-KH-1839 State ex rel. Saunders Hills v. State
¶13808-KH-1840 State ex rel. Angelon Pardon v. State
¶13908-KH-1841 State ex rel. Leonard Perkins v. State
¶14008-KH-1842 State ex rel. Christopher Brockel v. State
¶14108-KH-1843 State ex rel. Lionel Jackson v. State
¶14208-KH-1844 State ex rel. William Birtha v. State
¶14308-KH-1846 State ex rel. Thomas Billard v. State
¶14408-KH-1849 State ex rel. Edwin Codrington v. State
¶14508-KH-1850 State ex rel. Ted Durbin v. State
¶14608-KH-1851 State ex rel. Ivory Dixon v. State
¶14708-KH-1852 State ex rel. Thomas LeBeau v. State
¶14808-KH-1853 State ex rel. Mark Q. Taylor v. State
¶14908-KH-1854 State ex rel. Anthony J. Roberts v. State
¶15008-KH-1856 State ex rel. George Lawson v. State
¶15108-KH-1857 State ex rel. Beverly A. Stokes v. State
¶15208-KH-1858 State ex rel. Vernon T. Washington v. State
¶15308-KH-1859 State ex rel. Tyrone Noel v. State
¶15408-KH-1860 State ex rel. John M. Frank v. State
¶15508-KH-1861 State ex rel. Joseph E. Dickerson v. State
¶156XX-XXX-XXXX State ex rel. Joseph Chisley v. State
¶15708-KH-1866 State ex rel. Michael Williams v. State
¶15808-KH-1867 State ex rel. Eric Gresham v. State
¶15908-KH-1868 State ex rel. Gregory Leeming v. State
¶16008-KH-1869 State ex rel. Anthony Robinson v. State
¶16108-KH-1870 State ex rel. Lionel Redditt v. State
¶16208-KH-1871 State ex rel. Timothy Turner v. State
¶16308-KH-1848 State ex rel. Craig B. Hawkins v. State
¶16408-KH-1872 State ex rel. Gregory Jones v. State
¶165*210 08-KH-1873 State ex rel. Wilfred Jones v. State
¶16608-KH-1874 State ex rel. Bobbie Stevenson v. State
¶16708-KH-1875 State ex rel. Keith Moseley v. State
¶16808-KH-1876 State ex rel. Robert Bates v. State
¶16908-KH-1877 State ex rel. Jeffery Harrison v. State
¶17008-KH-1878 State ex rel. Tonka Haynes v. State
¶17108-KH-1880 State ex rel. Hursen Patin v. State
¶17208-KH-1882 State ex rel. Brian K. Chisholm v. State
¶17308-KH-1883 State ex rel. Timothy Mac-Cracken v. State
¶17408-KH-1884 State ex rel. Kenneth B. Jackson v. State
¶17508-KH-1886 State ex rel. Erran G. Evans v. State
¶17608-KH-1887 State ex rel. Chris Gilkers v. State
¶17708-KH-1888 State ex rel. Floyd Falkins v. State
¶17808-KH-1889 State ex rel. Mario Marshall v. State
¶17908-KH-1891 State ex rel. Barry Pascual v. State
¶18008-KH-1892 State ex rel. Daniel Swann v. State
¶18108-KH-1904 State ex rel. Christopher Pendleton v. State
¶18208-KH-1905 State ex rel, Angel Pedroso v. State
¶18308-KH-1906 State ex rel. Marlon A. King v. State
¶18408-KH-1908 State ex rel. Kendrick Turner v. State
¶18508-KH-1909 State ex rel. Brad Harris v. State
¶18608-KH-1910 State ex rel. Michael Lovick v. State
¶18708-KH-1913 State ex rel. Troy Aleman v. State
¶18808-KH-1914 State ex rel. Bertha Lawrence v. State
¶18908-KH-1915 State ex rel. Daniel Washington v. State
¶190c/w
¶19108-KH-1916 State ex rel. Daniel Washington v. State
¶192c/w
¶19308-KH-1917 State ex rel. Daniel Washington v. State
¶194c/w
¶19508-KH-1939 State ex rel. Daniel Washington v. State
¶19608-KH-1918 State ex rel. Jesse Head v. State
¶19708-KH-1919 State ex rel. Tyrone Washington v. State
¶19808-KH-1920 State ex rel. Royal Every v. State
¶19908-KH-1921 State ex rel. Manuel Plaisance v. State
¶20008-KH-1922 State ex rel. Henry Issac v. State
¶20108-KH-1923 State ex rel. Damaris Jackson v. State
¶20208-KH-1924 State ex rel. Herbert A. Pierre v. State
¶20308-KH-1925 State ex rel. Kennan Temple v. State
¶20408-KH-1907 State ex rel. John K. Richard v. State
¶20508-KH-1930 State ex rel. Angelo A. Gonzales v. State
¶206*211 08-KH-1931 State ex rel. Joe W. Miller v. State
¶20708-KH-1932 State ex rel. Herman Eisbruckner v. State
¶20808-KH-1933 State ex rel. Bernis T. Brown v. State
¶20908-KH-1934 State ex rel. Eric Hogan v. State
¶21008-KH-1935 State ex rel. Rendell Washington v. State
¶21108-KH-1936 State ex rel. Ryan Watson v. State
¶21208-KH-1937 State ex rel. Reginald D. Watts v. State
¶21308-KH-1938 State ex rel. Ron Wiggins v. State
¶21408-KH-1941 State ex rel. Michael Lott v. State
¶21508-KH-1942 State ex rel. Eric Gaines v. State
¶21608-KH-1943 State ex rel. James Brown v. State
¶21708-KH-1944 State ex rel. Jimmie Taylor v. State
¶21808-KH-1945 State ex rel. Leonard McGee v. State
¶21908-KH-1946 State ex rel. Peapso Ouch v. State
¶22008-KH-1948 State ex rel. Gregory Satchef v. State
¶22108-KH-1952 State ex rel. Jonathan Johnson v. State
¶22208-KH-1953 State ex rel. Chris Barnes v. State
¶22308-KH-1954 State ex rel. Jimmy Nee v. State
¶22408-KH-2002 State ex rel. Glenn A. Brumfield v. State
¶22508-KH-2005 State ex rel. Alvin Hanson v. State
¶226c/w
¶22708-KH-2240 State ex rel. Alvin Hanson v. State
¶22808-KH-2006 State ex rel. Michael Martin v. State
¶22908-KH-2007 State ex rel. Randy J. Richthofen v. State
¶23008-KH-2008 State ex rel. Terrance Royal v. State
¶23108-KH-2009 State ex rel. George McGee v. State
¶23208-KH-2015 State ex rel. Leon Simmons v. State
¶23308-KH-2016 State ex rel. Armondo Murray v. State
¶23408-KH-2017 State ex rel. Paul Petta v. State
¶23508-KH-2028 State ex rel. Carlos A. Zaldivar Sr. v. State
¶23608-KH-2029 State ex rel. Juventino Munoz v. State
¶23708-KH-2030 State ex rel. Thang Lai v. State
¶23808-KH-2031 State ex rel. Gene Winfrey v. State
¶23908-KH-2032 State ex rel. Gregory Jones v. State
¶24008-KH-2033 State ex rel. Harold Neal v. State
¶24108-KH-2043 State ex rel. Dwayne McKinney v. State
¶24208-KH-2047 State ex rel. Clarence Williams v. State
¶24308-KH-2048 State ex rel. Michael Clennon v. State
¶24408-KH-2049 State ex rel. A.J. Freeman v. State
¶24508-KH-2004 State ex rel. Damian Duquestrada v. State
¶24608-KH-2050 State ex rel. Keith Barrow v. State
¶247*212 08-KH-2051 State ex rel. Keith Mosley v. State
¶24808-KH-2052 State ex rel. Michael Sims v. State
¶24908-KH-2053 State ex rel. James Adams Jr. v. State
¶25008-KH-2054 State ex rel. Listen Armand v. State
¶25108-KH-2056 State ex rel. Robert Bolton v. State
¶25208-KH-2061 State ex rel. Michael Molina v. State
¶25308-KH-2063 State ex rel. George King v. State
¶25408-KH-2064 State ex rel. Michael Ditcharo v. State
¶25508-KH-2065 State ex rel. Jeffery E. Harrison v. State
¶25608-KH-2067 State ex rel. Troy Taylor v. State
¶25708-KH-2068 State ex rel. Manuel P. Fleming v. State
¶25808-KH-2069 State ex rel. Fred J. Leblanc Jr. v. State
¶25908-KH-2071 State ex rel. Shannon Zeno v. State
¶26008-KH-2072 State ex rel. Roy J. Dickerson v. State
¶26108-KH-2073 State ex rel. Anthony Kelly v. State
¶26208-KH-2074 State ex rel. Eddie J. Armant v. State
¶26308-KH-2083 State ex rel. David Marshall v. State
¶26408-KH-2087 State ex rel. Robert Guccione v. State
¶26508-KH-2088 State ex rel. Majuangy Evans v. State
¶26608-KH-2091 State ex rel. Jason Pitts v. State
¶26708-KH-2092 State ex rel. Dewing Hickerson v. State
¶268c/w
¶26908-KH-2299 State ex rel. Dewing Hickerson v. State
¶27008-KH-2093 State ex rel. Desmond Houston v. State
¶27108-KH-2110 State ex rel. Kerry Orgeron v. State
¶27208-KH-2111 State ex rel. Curtis Thomas v. State
¶27308-KH-2112 State ex rel. Houston Jackson v. State
¶27408-KH-2116 State ex rel. Terrence Jones v. State
¶27508-KH-2120 State ex rel. Miguel Rosales v. State
¶27608-KH-2121 State ex rel. Jerome Norman v. State
¶27708-KH-2206 State ex rel. Eddie Christoff v. State
¶27808-KH-2216 State ex rel. Daniel Smith v. State
¶27908-KH-2217 State ex rel. Kenneth Toliver v. State
¶28008-KH-2218 State ex rel. Terrence King v. State
¶28108-KH-2219 State ex rel. Jovan Butler v. State
¶28208-KH-2221 State ex rel. Armando Barroso v. State
¶28308-KH-2222 State ex rel. Rodney Morris v. State
¶28408-KH-2234 State ex rel. Darryl Everson v. State
¶28508-KH-2235 State ex rel. Raymond Shaw v. State
¶28608-KH-2089 State ex rel. Antonio Gallagher v. State
¶28708-KH-2236 State ex rel. Percy M. Taylor v. State
¶288*213 08-KH-2237 State ex rel. Elton Cowart v. State
¶28908-KH-2238 State ex rel. James Pendelton v. State
¶29008-KH-2239 State ex rel. Kevin A. Alexander v. State
¶29108-KH-2241 State ex rel. James H. Wallace v. State
¶29208-KH-2269 State ex rel. Brandon Watts v. State
¶29308-KH-2270 State ex rel. Shawn LaCour v. State
¶29408-KH-2272 State ex rel. Bryan Davis v. State
¶295c/w
¶29608-KH-2273 State ex rel. Bryan Davis v. State
¶29708-KH-2274 State ex rel. Thank Vu Nguyen v. State
¶29808-KH-2275 State ex rel. Joseph Conrad v. State
¶29908-KH-2276 State ex rel. Devine Jordan v. State
¶30008-KH-2277 State ex rel. Elston Robinson v. State
¶30108-KH-2280 State ex rel. James Thomas Sr. v. State
¶30208-KH-2281 State ex rel. Willie Smith v. State
¶30308-KH-2282 State ex rel. Cleveland Bell v. State
¶30408-KH-2283 State ex rel. Shawn Chopin v. State
¶30508-KH-2284 State ex rel. Henry Davis v. State
¶30608-KH-2285 State ex rel. Arthur Williams v. State
¶30708-KH-2298 State ex rel. Vashon Kelly v. State
¶30808-KH-2300 State ex rel. Keyointa M. Martin v. State
¶30908-KH-2305 State ex rel. Anna Green v. State
¶31008-KH-2306 State ex rel. Theresa Picou v. State
¶31108-KH-2307 State ex rel. Walter Lemieux v. State
¶31208-KH-2308 State ex rel. Joseph E. Ward v. State
¶31308-KH-2322 State ex rel. Garry U. Jones, Sr. v. State
¶31408-KH-2323 State ex rel. Nelson Waits v. State
¶31508-KH-2324 State ex rel. Christopher Thomas v. State
¶31608-KH-2326 State ex rel. Joseph K. Sam v. State
¶31708-KH-2327 State ex rel. Arthur K. Jones v. State
¶31808-KH-2328 State ex rel. Ricky Nicholas v. State
¶31908-KH-2332 State ex rel. Donald Washington v. State
¶32008-KH-2333 State ex rel. Junior Payne v. State
¶32108-KH-2360 State ex rel. Leonard Graves v. State
¶32208-KH-2361 State ex rel. John G. Rowell v. State
¶32308-KH-2369 State ex rel. Rodney Hamilton v. State
¶32408-KH-2372 State ex rel. Shirley Jackson v. State
¶32508-KH-2373 State ex rel. Nolan Grant Jr. v. State
¶32608-KH-2286 State ex rel. Simon Montgomery v. State
¶32708-KH-2374 State ex rel. Shawna Farley v. State
¶328*214 08-KH-2375 State ex rel. Christopher Hill v. State
¶32908-KH-2376 State ex rel. Karnell Preston v. State
¶33008-KH-2377 State ex rel. Corey B. Page v. State
¶33108-KH-2378 State ex rel. Beauregard J. Wattingney v. State
¶33208-KH-2379 State ex rel. Brian Fullilove v. State
¶33308-KH-2380 State ex rel. Donald Jackson v. State
¶33408-KH-2381 State ex rel. Charles Price v. State
¶33508-KH-2384 State ex rel. David Cummings v. State
¶336WEIMER, J., dissenting in part.
¶337I dissent in part.
¶338While I agree these matters should be re-considered, to avoid any appearance of impropriety, I would either randomly allot these cases to the other courts of appeal or appoint three ad hoc judges to consider these matters.
¶339APPLICATION FOR REHEARING
¶340Rehearing denied.
¶341KIMBALL, J., additionally concurring in the denial of rehearing.
¶342The circumstances of the allegations involved in these cases indeed make it appropriate for the appellate court and this court to ensure that the perception as well as the reality of appellate review take place as the constitutional scheme would have it occur (i.e., clearly reviewed by an appellate panel of three judges). Many of these cases have, in fact, originally been reviewed and have had opinions written by the courts of appeal and by the seven justices of this court on original appellate review, in addition to having been reviewed on post conviction by the seven justices of this court in earlier proceedings, notwithstanding the review or lack thereof that occurred precedent to ours.
¶343Nonetheless, creating a new process of appellate review even now is the correct thing to do in this rare instance. However, in my view, it is not appropriate under these circumstances to add this number of cases to those dockets of the other courts of appeal nor is it proper to expend approximately $200,000 of the public's money to hire retired judges and staff to perform this review. Rather, the court's process of referring these cases to judges at the same circuit (but not on the original panels accused of failing to perform adequate reviews) to perform a review that then has the potential of further review by the justices of this court is both appropriate and responsible.
¶344This re-hearing application, in my view, attempts to suggest that this court should base its decision not on evidence in any record, but rather on allegations in a suicide note which in itself suggests the depression of the writer who, if believed, had been fired by the very court which he accuses of misconduct. Moreover, we need not consider a police report which has been neither substantiated nor admitted into evidence in these or any other matters. While this may be the fodder of news reports and movies, it is not, in my view, proper evidence for judicial action.