State of Louisiana Versus Chad Alleman

STATE OF LOUISIANA NO. 22-K-159

VERSUS FIFTH CIRCUIT

CHAD ALLEMAN COURT OF APPEAL

STATE OF LOUISIANA

April 18, 2022

Susan Buchholz
First Deputy Clerk

IN RE CHAD ALLEMAN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT,
PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
TIMOTHY S. MARCEL, DIVISION "E", NUMBER 16,158

Panel composed of Judges Marc E. Johnson,
Hans J. Liljeberg, and John J. Molaison, Jr.

WRIT GRANTED, IN PART

The relator, Chad Alleman, filed the instant writ application which seeks to
compel the trial court to rule upon his writ of habeas corpus. The relator contends
that he received an order from the district court on March 23, 2022; however, it
incorrectly identified both his name and his current charge. Relator contends that
he was previously informed that he has a pending theft charge in St. Charles
Parish. The order relator attached to his writ application, issued in district court
case no. 16-0158, contains the name “Chad Allen” and refers to simple burglary
charges. It appears that the relator is also seeking a review of the merits of the
order that allegedly contains the incorrect information.1 Finally, the relator asks
this Court to order the district court to “resolve” his prosecution.

We grant the writ, in part, and remand the matter to the trial court for a
determination on whether the order at issue contains incorrect information. If, as
the relator suggests, the trial court has already made a ruling on relator’s writ of
habeas corpus but incorrectly identified the relator, then the trial court is ordered to
make the appropriate corrections and re-issue its ruling. In the event the order at
issue has the correct information, the trial court is ordered to re-issue the order,
with a brief explanation to confirm that relator and the defendant, Chad Allen,
referenced in case no. 16-0158 cited above are the same individual. Because the

1
To the extent that the relator challenges the merits of the order of March 23, 2022, his writ application is deficient
under Uniform Rules, Courts of Appeal Rule 4-3, as it does not contain a notice of intent or a return date.

22-K-159

accuracy of the order is unclear at this time, we pretermit consideration of the
merits of the relator’s writ application.

Gretna, Louisiana, this 18th day of April, 2022.

JJM
MEJ
HJL

2

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 04/18/2022 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-159
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Timothy S. Marcel (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Chad Alleman #20146 (Relator) Hon. Joel T. Chaisson, II (Respondent)
Plaquemine Parish Detention Center District Attorney
Post Office Box 67 Twenty-Ninth Judicial District Court
Pointe à la Hache, LA 70082 Post Office Box 680
Hahnville, LA 70057