State Ex Rel. Keston Mimmitt Versus 24th Judicial District Court, for the Parish of Jefferson, State of Louisiana

STATE EX REL. KESTON MIMMITT NO. 21-KH-206

VERSUS FIFTH CIRCUIT

24TH JUDICIAL DISTRICT COURT, FOR THE COURT OF APPEAL
PARISH OF JEFFERSON, STATE OF
LOUISIANA STATE OF LOUISIANA

May 04, 2021 **CONFIDENTIAL**
LSA-RS 46:1844(W)
ATTORNEYS OF RECORD
Susan Buchholz
ONLY
First Deputy Clerk

IN RE KESTON MIMMITT

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
NANCY A. MILLER, DIVISION "I", NUMBER 18-546

Panel composed of Judges Susan M. Chehardy,
Robert A. Chaisson, and Stephen J. Windhorst

WRIT OF MANDAMUS GRANTED

In his writ application requesting mandamus relief, relator, Keston Mimmitt,
alleges that the district court has failed to act on his application for post-conviction
relief filed in the district court which he allegedly mailed to the district court on
December 7, 2020. Our review of the official court record reflects that relator’s
application for post-conviction relief was filed in the district court on December
22, 2020, that the district court issued an order on January 12, 2021, for the State to
file a response, and that the State filed its response on February 24, 2021. Since
that time, it appears that no further action has been taken in this case.
Accordingly, we grant relator’s request for mandamus relief and order the
district court to rule upon relator’s application for post-conviction relief within
fifteen days of this order, if it has not already done so. The district court is further
ordered to provide a copy of its ruling to relator and to this Court.
Gretna, Louisiana, this 4th day of May, 2021.

RAC
SMC
SJW

21-KH-206

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 05/04/2021 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-KH-206
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Keston Mimmitt #465086 (Relator)
Raymond Laborde Correctional Center
1630 Prison Road
Cottonport, LA 71327