Gregory Mitchell Versus State of Louisiana

GREGORY MITCHELL NO. 22-K-102

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

June 29, 2022

Susan Buchholz
First Deputy Clerk

IN RE GREGORY MITCHELL

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V. FAULKNER,
JR., DIVISION "P", NUMBER 21-5716

Panel composed of Judges Jude G. Gravois,
Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT OF MANDAMUS GRANTED

In his writ application, relator, Gregory Mitchell, alleges that he was arrested
on September 28, 2021 on various possession of illegal substances charges. He
argues that while his original custody was legal, it ceased to be legal when a
“probation hold” was placed upon him by his probation officer in a different
proceeding in St. Charles Parish, and that he has been denied a bond hearing on his
current charges. Relator appears to further allege that he filed a “Motion for
Petition for a Writ of Habeas Corpus/and or time for a stay away order for due
process in law” in the district court that apparently has not yet been ruled upon by
the district court. Under the circumstances presented, we will construe relator’s
filing in this Court as a request for mandamus relief.

Accordingly, relator’s writ of mandamus is hereby granted. If indeed relator
filed a Petition for a Writ of Habeas Corpus in the district court, and if indeed the
district court has not yet ruled upon said Petition, then the district court is hereby
ordered to rule upon relator’s Petition for a Writ of Habeas Corpus, within 20 days
of the date of this ruling, and to furnish relator and this Court with a copy of said
ruling within 10 days of the date of the ruling.

Gretna, Louisiana, this 29th day of June, 2022.

JGG
SJW
JJM

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM 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 06/29/2022 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-102
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Lee V. Faulkner, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Gregory Mitchell #11726 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054