State of Louisiana Versus Michael Carter

STATE OF LOUISIANA NO. 21-KH-494

VERSUS FIFTH CIRCUIT

MICHAEL CARTER COURT OF APPEAL

STATE OF LOUISIANA

September 21, 2021

Nancy F. Vega
Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Marc E. Johnson,
Robert A. Chaisson, and John J. Lee, Jr.

REHEARING GRANTED; WRIT TRANSFERRED TO THE TRIAL COURT

MEJ
RAC
JJL

STATE OF LOUISIANA NO. 21-KH-494

VERSUS FIFTH CIRCUIT

MICHAEL CARTER COURT OF APPEAL

STATE OF LOUISIANA

Relator, Michael Carter, seeks mandamus relief that would order the

trial court to set a return date to contest the May 5, 2021 order. A review of

the official record does not reflect that Relator filed a notice of intent.

However, Relator has presented proof to this Court that he mailed a

document—presumably a notice of intent—to the 24th Judicial District Court

on May 26, 2021. The May 26th filing would have been timely-filed for notice

of intent purposes.

Therefore, in the interest of justice, we transfer the instant writ

application to the trial court for filing and consideration as a timely-filed

notice of intent to contest the May 5, 2021 order.

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 S. 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 09/21/2021 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-494
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Ellen Shirer Kovach (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Michael Carter #128714 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426