23-KH-429 Nonprecedential Writ Granted Processed

Jamal Anthony (Doc 410761) Versus State of Louisiana

Louisiana Court of Appeal, Fifth Circuit · Filed September 14, 2023

Opinion text

JAMAL ANTHONY (DOC# 410761) NO. 23-KH-429

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

September 14, 2023

Linda Wiseman
First Deputy Clerk

IN RE JAMAL ANTHONY (DOC# 410761)

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER
COX, III, DIVISION "B", NUMBER 15-7270

Panel composed of Judges Susan M. Chehardy,
Robert A. Chaisson, and Stephen J. Windhorst

WRIT OF MANDAMUS GRANTED

In this pro se application for writ of mandamus, relator contends that the

district court has failed to rule on his motion to correct an illegal sentence, which he

asserts he filed on May 3, 2023, in the Twenty-Fourth Judicial District Court, Case

Number 15-7270.

We first note that relator has failed to attach a copy of the motion to his writ

application. The official record, however, indicates relator filed a motion to correct

illegal sentence on May 3, 2023, and that on May 15, 2023, the district court ordered

the State to file any response it deems proper with 60 days. To date, the State has

not filed a response, and the 60-day deadline expired on July 14, 2023.

In light of the foregoing, we grant relator mandamus relief and direct the

district court to rule on relator’s motion to correct illegal sentence, if it has not

already done so, within 20 days from the date of this disposition, and to furnish

relator and this court with a copy of the ruling.

Gretna, Louisiana, this 14th day of September, 2023.

SJW
SMC
RAC

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.
SCOTT U. SCHLEGEL 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 09/14/2023 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-KH-429
E-NOTIFIED
24th Judicial District Court (Clerk)
R. Christopher Cox, III (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Jamal Anthony #410761 (Relator)
David Wade Correctional Center
670 Bell Hill Road
Homer, LA 71040