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

STATE EX REL. TRAY HOWARD NO. 21-KH-583

VERSUS FIFTH CIRCUIT

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

August 25, 2021

Nancy F. Vega
Chief Deputy Clerk

IN RE TRAY HOWARD

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 18-7789

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Hans J. Liljeberg

WRIT OF MANDAMUS GRANTED

In this writ application requesting mandamus relief, relator, Tray Howard,
alleges 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
November 6, 2020. Our review of the official record shows that relator’s
application for post-conviction relief was filed in the district court on November
10, 2020, and that on November 20, 2020, the district court issued an order for the
State to file its response by December 20, 2020, raising whatever procedural
objections it may have, or if no procedural objections, an answer on the merits to
relator’s allegations. 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 25th day of August, 2021.

SMC
JGG
HJL

21-KH-583

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 08/25/2021 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-583
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Tray Howard #579512 (Relator)
Raymond Laborde Correctional Center
1630 Prison Road
Cottonport, LA 71327