Wilfred Greeenup 850007 Cr Versus State of Louisiana

WILFRED GREEENUP 850007 CR NO. 23-KH-457

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

October 03, 2023

Linda Wiseman
First Deputy Clerk

IN RE WILFRED GREENUP

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF
ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS,
DIVISION "B", NUMBER 85,7

Panel composed of Judges Robert A. Chaisson,
Stephen J. Windhorst, and Scott U. Schlegel

WRIT OF MANDAMUS GRANTED

In his writ application requesting mandamus relief, relator, Wilfred Greenup,
complains that the district court has failed to rule on his motion to correct an illegal
sentence allegedly filed in the district court. Relator contends that his motion was
set for hearing on September 7, 2023, but that the district court refused to rule on it
“due to the District Attorney stating: ‘Mr. Greenup, your Honor is about to be
release and have pending litigation in the Louisiana Supreme Court’.” In light of
these allegations, we grant relator’s request for mandamus relief and order the
district court to rule upon relator’s motion to correct an illegal sentence, if properly
filed, within thirty days of this order, if it has not already done so. The district
court is further directed to provide a copy of its ruling to relator and to this Court.

Gretna, Louisiana, this 3rd day of October, 2023.

RAC
SJW
SUS

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 10/03/2023 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-457
E-NOTIFIED
40th District Court (Clerk)
Honorable Nghana Lewis (DISTRICT JUDGE)
Honorable Bridget A. Dinvaut (Respondent)

MAILED
Wilfred Greenup #111228 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426