Shawn J. Briscoe Versus State of Louisiana

SHAWN J. BRISCOE NO. 22-K-100

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

March 18, 2022

Susan Buchholz
First Deputy Clerk

IN RE SHAWN J. BRISCOE

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
DONALD L. FORET, DIVISION "H", NUMBER 16-5524

Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and Robert A. Chaisson

WRIT GRANTED

In this pro se writ application, relator, Shawn J. Briscoe, seeks a writ of
mandamus to compel the district court to rule on his motion to suppress evidence,
which was filed on or about March 1, 2021, in the Twenty-Fourth Judicial District
Court, Division “H,” case number 16-5524.

The official record in this case indicates that relator’s motion to suppress
evidence was set for hearing on January 31, 2022, and ordered continued to March
10, 2022. There is no indication, however, that a hearing was actually held on
March 10, 2022, or that the district court has ruled on relator’s motion. The trial of
this matter is currently set for May 16, 2022.

Based on the foregoing, we grant relator’s writ application and order the
judge in Division “H” of the Twenty-Fourth Judicial District Court—to the extent
that he has not already done so—to set relator’s motion to suppress evidence for
hearing and to issue a ruling thereon within thirty (30) days from the date of this
writ disposition, and to mail a copy of his ruling to this Court and to relator, Shawn
J. Briscoe #137596, at Jefferson Parish Correctional Center, 4BL 1-A, P.O. Box
388, Gretna, Louisiana 70053.
Gretna, Louisiana, this 18th day of March, 2022.

SMC
MEJ
RAC

22-K-100

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 03/18/2022 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-K-100
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Shawn J. Briscoe #137596 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054