Appealed from the Sixth Judicial District Court for the
Parish of Tensas, Louisiana Trial Court No. 59, 880 Honorable
John Durham Crigler, Judge.
CHARLES TERRY BUTLER In Proper Person
EDWARD PAXTON District Attorney Counsel for Appellee,
Sheriff, Rickey A. Jones
EDWARD PAXTON District Attorney By: Linda Lee Kincaid Watson
Counsel for Appellee, State of Louisiana
GARRETT, McCALLUM, and THOMPSON, JJ.
us is an appeal of the trial court's judgment denying a
public records request and an accompanying request for
mandamus. Charles Terry Butler asserts two errors for
consideration: (1) the trial court erred in considering the
filed responses by the district attorney's office and (2)
the trial court erred in denying his mandamus request to
order the sheriff to provide records requested by him.
following reasons, we affirm the trial court's judgment.
17, 1997, Charles Terry Butler ("Mr. Butler") was
convicted for the second-degree murder of his father-in-law.
This Court affirmed his conviction. Thereafter, Mr. Butler
sought to file various post conviction relief claims. On
August 25, 1998, prior to filing those claims, he instead
filed a motion for production of public records with the
Tensas Sheriff's Office and the Sixth Judicial District
August 25, 1998, public records request, Mr. Butler sought
the following records: all transcripts, all rulings, all
responses by the State, all defense filings, all police
reports, the crime scene report, any fingerprint testing and
any accompanying results, the coroner's report, any
polygraph results related to any witness related to the case,
all test results and any accompanying reports, the grand jury
records and the entire district attorney's file. On May
11, 1999, Mr. Butler filed the exact same request for public
records. On July 26, 1999, the trial court ordered that the
public records be sent to Mr. Butler following his payment of
$250 for the copies. The appropriate offices, thereafter,
sent Mr. Butler the records.
Butler then filed his original and supplemental application
for post conviction relief. On September 14, 2000, the trial
court denied the application. On January 25, 2001, this Court
denied writ. Finally, on November 13, 2001, the Louisiana
Supreme Court denied writ.
4, 2001, after we denied his request for review of the post
conviction relief ruling, but before the Louisiana Supreme
Court denied writ, Mr. Butler filed a new request for public
records. The sheriff's office replied to this
request on May 15, 2001. Mr. Butler then filed another public
records request on June 1, 2001. The sheriff's office
again responded thereafter. Mr. Butler then filed for a
mandamus, along with other motions, against the sheriff's
office. On February 4, 2002, the trial court denied Mr.
Butler's mandamus request. The record shows no appeal of
that trial court ruling.
sixteen years later, on February 16, 2018, Mr. Butler filed a
new request for public records with the sheriff's office.
In that request, the one now before us, he sought the initial
police report and all other police reports. We reiterate that
Mr. Butler had previously ...