In Re State of Louisiana Versus Mark Miller

IN RE STATE OF LOUISIANA NO. 21-KH-602

VERSUS FIFTH CIRCUIT

MARK MILLER COURT OF APPEAL

STATE OF LOUISIANA

September 22, 2021 **CONFIDENTIAL**
LSA-RS 46:1844(W)
Susan Buchholz ATTORNEYS OF RECORD
First Deputy Clerk ONLY

IN RE MARK MILLER

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT,
PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JASON VERDIGETS,
DIVISION "A", NUMBER 10,6011

Panel composed of Judges Robert A. Chaisson,
Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT GRANTED

For the second time, the relator, Mark Miller, seeks a writ of mandamus to
compel the district court to rule upon his “Motion to Compel/to Correct Illegal
Sentence.” On June 21, 2021, this Court granted the relator’s prior application
which sought the same relief. State v. Miller, 21-299 (La. App. 5 Cir. 6/21/21)
(unpublished writ). In that disposition, we ordered the trial court “to rule upon
relator’s ‘Motion to Compel/to Correct Illegal Sentence’ filed on or about April 23,
2021, within 30 days of the date of this disposition, if it has not already done so,
and to furnish a copy of said ruling to relator and to this Court within 10 days of
the date of such ruling.” To date, we have not received a copy of the trial court’s
ruling.

Accordingly, the relator’s writ is granted. The trial court is ordered to rule on
the relator’s motion, if it has not already done so, and to provide a copy of its
ruling to the relator and this Court within seven days of the date of this disposition.

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

JJM
RAC
SJW

21-KH-602

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 09/22/2021 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-KH-602
E-NOTIFIED
23rd Judicial District Court (Clerk)
Hon. Jason Verdigets (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Honorable Ricky L. Babin (Respondent) Mark Miller #473135 (Relator)
District Attorney Elayn Hunt Correctional Center
23rd Judicial District Court Post Office Box 174
Post Office Box 66 St. Gabriel, LA 70776
Convent, LA 70723