State of Louisiana Versus Joseph Durning

STATE OF LOUISIANA NO. 23-K-239

VERSUS FIFTH CIRCUIT

JOSEPH DURNING COURT OF APPEAL

STATE OF LOUISIANA

June 02, 2023

Susan Buchholz
Chief Deputy Clerk

IN RE JOSEPH DURNING

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
JUNE B. DARENSBURG, DIVISION "C", NUMBER 22-4105

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and Stephen J. Windhorst

WRIT GRANTED IN PART FOR LIMITED PURPOSE; DENIED IN
PART; REMANDED

Relator, Joseph Durning, seeks mandamus relief that would order the district
court to rule on his pro se Writ of Habeas Corpus, pro se Motion for Release
Without Bail Pending Trial, “Protective Order Art. 320,” and counseled motions to
suppress. A review of the official record reflects that the trial court has previously
ruled upon and denied relator’s pro se Writ of Habeas Corpus and his counseled
motions to suppress. Further, the official record reflects that the only protective
order filed in this matter was filed and granted on August 26, 2022. Therefore, any
mandamus relief sought to order the trial court to rule on those issues is denied as
moot.

However, a review of the record reflects that the trial court has not yet ruled
upon relator’s pro se Motion for Release Pending Bail. Accordingly, we grant this
writ application for the limited purpose of transferring it to the 24th Judicial District
Court. The district court is hereby ordered to rule on relator’s “Motion for Release
Without Bail Pending Trial” if it has not already done so, and to further provide a
copy of its ruling to relator and to this Court.

Gretna, Louisiana, this 2nd day of June, 2023.

FHW
MEJ
SJW

23-K-239

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 06/02/2023 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:

23-K-239
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable June B. Darensburg (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Joseph Durning #95489800 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054