State of Louisiana Versus Pedro A. Monterroso

STATE OF LOUISIANA NO. 21-K-127

VERSUS FIFTH CIRCUIT

PEDRO A. MONTERROSO COURT OF APPEAL

STATE OF LOUISIANA

March 22, 2021

Susan Buchholz
First Deputy Clerk

IN RE PEDRO A. MONTERROSO

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
DONALD L. FORET, DIVISION "H", NUMBER 14-3761

Panel composed of Judges Robert A. Chaisson,
Stephen J. Windhorst, and Hans J. Liljeberg

WRIT OF MANDAMUS GRANTED

In his writ application, relator, Pedro Monterroso, complains that the
district court has failed to act on a motion for speedy trial allegedly filed in
December of 2020. Accordingly, we grant relator’s request for mandamus relief
and order the district court to expeditiously set relator’s motion for speedy trial for
contradictory hearing in accordance with La. C.Cr.P. art. 701(F),1 if the trial court
has not already done so.

Gretna, Louisiana, this 22nd day of March, 2021.

RAC
SJW
HJL

1
La. C.Cr.P. art. 701(F) provides that a “motion for speedy trial filed by the defendant, but not verified by the
affidavit of his counsel, shall be set for contradictory hearing within thirty days.”

21-K-127

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. 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 03/22/2021 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:

21-K-127
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Pedro A. Monterroso #1001521692
(Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054