State of Louisiana Versus Cornelius Ellis, Sr.

STATE OF LOUISIANA NO. 23-KH-575

VERSUS FIFTH CIRCUIT

CORNELIUS ELLIS, SR. COURT OF APPEAL

STATE OF LOUISIANA

December 03, 2024

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 Fredericka Homberg Wicker,
Jude G. Gravois, and Timothy S. Marcel

WRIT DENIED

Relator/defendant, Cornelius Ellis Sr., filed a pro se writ application with
this Court on December 12, 2023, challenging the State’s method of instituting the
prosecution in the instant case. In his application, defendant sought review of the
trial court’s November 15, 2023 order denying his “Motion to Quash the Defective
Bill of Information/Bill of Indictment.” Upon initial review, this Court determined
that the merits of defendant’s writ application would be more appropriately
considered alongside his appeal in 24-KA-96, and ordered that his writ application
in 23-KH-575 be referred for consideration to the panel addressing the merits of
his appeal in 24-KA-96. This Court subsequently dismissed defendant’s appeal in
24-KA-96 as untimely. Accordingly, we now consider defendant’s writ
application under this Court’s supervisory jurisdiction.

In this writ application, relator seeks supervisory review of the trial court’s
denial of his “Motion to Quash the Defective Bill of Information/Bill of
Indictment.” For the following reasons, the writ application is denied.

On November 20, 2019, relator was found guilty by a jury of sexual battery
of a victim under thirteen years of age. On December 2, 2019, the trial court
sentenced relator to fifty years imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence. On the same date, relator was given
notice that a multiple offender hearing was set for December 16, 2019. After
numerous continuances, the State filed a multiple offender bill of information
alleging relator was a second-felony offender on August 13, 2021. On November
15, 2023, the State withdrew the multiple offender bill of information.

23-KH-575 1

While the multiple offender hearing remained pending, relator filed a
Motion to Quash Defective Bill of Information/Bill of Indictment with the district
court on October 11, 2023. In it, relator argued that the State was required to
charge him by grand jury indictment for the crime of sexual battery when the
victim is under thirteen years of age. On November 15, 2023, the district court
denied relief, finding that the “District Attorney [was] authorized to initiate
prosecution for a crime punishable by less than life in prison by either indictment
or information” pursuant to La. C.Cr.P. art. 382, and further finding that relator’s
motion to quash was “untimely filed by many years” because La. C.Cr.P. art. 535
required such a motion to quash to be filed before trial.

In this writ application, relator challenges the State’s method of instituting
prosecution in his case. Relator contends “he should have been indicted rather
than direct billed for the crime at issue.” We disagree. La. C.Cr.P. art. 382 sets
forth the methods of instituting criminal prosecutions and provides in pertinent
part: “[a] prosecution for an offense punishable by death, or for an offense
punishable by life imprisonment, shall be instituted by indictment by a grand jury.
Other criminal prosecutions in a district court shall be instituted by indictment or
by information.” In the instant case, defendant was charged with one count of
sexual battery of a victim under thirteen years of age in violation of La. R.S.
14:43.1. Because the offense is not punishable by death or life imprisonment,
prosecution could have been instituted by indictment or by information. See La.
R.S. 14:43.1(C)(2). Based on our review of the record, we find the State properly
instituted prosecution by bill of information as provided by La. C.Cr.P. art. 382.

Based on the foregoing, we find that the trial court did not err in denying
defendant’s pro se Motion to Quash the Defective Bill of Information/Bill of
Indictment.

Accordingly, this writ application is denied.

Gretna, Louisiana, this 3rd day of December, 2024.

TSM
FHW
JGG

2
23-KH-575

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
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 12/03/2024 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-575
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable 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