Danielle McDevitt Versus Michael Salisbury

DANIELLE MCDEVITT NO. 22-C-442

VERSUS FIFTH CIRCUIT

MICHAEL SALISBURY COURT OF APPEAL

STATE OF LOUISIANA

September 20, 2022

Susan Buchholz
Chief Deputy Clerk

IN RE DANIELLE MCDEVITT

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 776-634

Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED

Based upon our review of the application presented, we find that the motion
to recuse at issue was timely filed setting forth alleged recent acts of bias by the
trial court which fall within the time limitation of La. C.C.P. art. 154(A). Thus, we
find that the trial judge erred in denying the motion to recuse as untimely.

Accordingly, we grant the relator’s writ, vacate the trial court’s ruling, and
remand the matter for the trial court to either consider the merits of the relator’s
motion to recuse and render a judgment in compliance with La. C.C.P. art. 154 or
to make a written request to the supreme court for the appointment of an ad hoc
judge as provided in La. C.C.P. arts. 154 and 155. In all other respects, relief is
denied.

Gretna, Louisiana, this 20th day of September, 2022.

JJM
SMC
FHW

22-C-442

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
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 09/20/2022 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:

22-C-442
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
Shaye R. Lirette (Relator)

MAILED
Michael Salisbury (Respondent)
In Proper Person
39 Emma Street
Binghamton, NY 13905

• Complete Items 1, 2, and 3.
• Print your name and addr9ss on the reverse
so that we can return the card to you.
• Attach this card to the ~~the maHpleoe,
or on the front If space permits.
1. Article Addressed to: o. Is dellvely address clllfarent tcm Hem 1?
If Y~. enter delivery addrasa below:
Michael Salisbury , In Proper Person -
39 Enuna Street -
Binghamton, NY 13905
22-C-442 09-20-22

lllllllll llll 111111111111111111111111111111111 ie~o.My g~~
9590 9402 2434 6249 3639 49 0Celtlft9dMallR118111ct9do.My
_ _ _ _ _ _ _ _ _ _ __....._ _-"" 0 Collect on Oell'l9ly
IHQUnReoelptfor
Men:lllwldl8e
2 • A...._._ Number m"ransfrlrfrom service,.......,.
rv """' _,,
0 Collec:tont>elfveryR'8111cted Dellvery 0 SlgnatureCOnflrmatlon""'
- . Ill D Signature Confirmation
701b 2070 oaaa a954 6984 ~Restrlcl9d0ellvery Rastrlct9d0eltvery

·\ PS Form 3811, July 2015 PSN 7530-02-ooo-9053 Domestic Return Receipt I