State of Louisiana Ex Rel. Sylvester R. Kaywood Versus Clerk of Court and Sheriff's Office, 24th Judicial District

STATE OF LOUISIANA EX REL. NO. 22-KH-505

SYLVESTER R. KAYWOOD FIFTH CIRCUIT

VERSUS COURT OF APPEAL

CLERK OF COURT AND SHERIFF'S OFFICE, STATE OF LOUISIANA

24TH JUDICIAL DISTRICT

October 28, 2022

Linda Wiseman
First Deputy Clerk

IN RE SYLVESTER R. KAYWOOD

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.
GREFER, DIVISION "J", NUMBER 19-4304

Panel composed of Judges Jude G. Gravois,
Robert A. Chaisson, and Stephen J. Windhorst

WRIT OF MANDAMUS GRANTED

In this pro se writ application, relator, Sylvester R. Kaywood, alleges that

the trial court has failed to rule on his “Motion to Return Property to Lawful

Owner in Compliance Louisiana Revised Statutes art. 15:41(B)(1) & (C) and La.

Const. Art. 1 § 4 with Order Attached, and Contradictory Motion” which he

alleges was filed on January 14, 2021. A review of relator’s official record

indicates that his said motion was filed on January 22, 2021; however, the official

record evidences no ruling upon the motion at this time.

Accordingly, we grant relator’s request for mandamus relief and order the

trial court to rule upon relator’s “Motion to Return Property to Lawful Owner in

Compliance Louisiana Revised Statutes art. 15:41(B)(1) & (C) and La. Const. Art.

1 § 4 with Order Attached, and Contradictory Motion” within twenty days of the

date of this order, if it has not already done so. Further, the trial court is ordered to

provide a copy of its ruling to this Court and to relator.

Gretna, Louisiana, this 28th day of October, 2022.

JGG
RAC
SJW

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 10/28/2022 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-KH-505
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Sylvester R. Kaywood #454948 (Relator)
Dixon Correctional Institute
P. O Box 788
Unit 3 / Dorm 9
Jackson, LA 70748