State of Louisiana Versus Cornelius Ellis, Sr.

STATE OF LOUISIANA NO. 23-KH-542

VERSUS FIFTH CIRCUIT

CORNELIUS ELLIS, SR. COURT OF APPEAL

STATE OF LOUISIANA

December 01, 2023

Linda Wiseman
First Deputy Clerk

IN RE CORNELIUS ELLIS, SR.

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO,
III, DIVISION "D", NUMBER 17-7016

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and John J. Molaison, Jr.

WRIT GRANTED IN PART; JUDGMENT VACATED; REMANDED

The relator, Cornelius Ellis, seeks review of the trial court’s October 11,
2023 judgment that denied his “Motion To Correct An Illegal Sentence.”
After the relator had filed the instant writ application, the trial court granted the
relator’s counseled motion for appeal on November 29, 2023. A copy of the order
is attached. Based upon the current procedural posture, we find that the relator’s
Motion to Correct an Illegal Sentence was prematurely filed. The relator may now
raise the issue of an illegal sentence on direct appeal.

Accordingly, the judgment of October 11, 2023 is vacated. We remand the
matter to the district court with instructions to correct the relator’s name on the
order granting the appeal.

Gretna, Louisiana, this 1st day of December, 2023.

JJM
SMC
JGG

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 12/01/2023 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-542
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Joseph A. Marino, III (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Cornelius Ellis, Sr. #347116 (Relator)
Raymond Laborde Correctional Center
1630 Prison Road
Cottonport, LA 71327