Celius Gray Versus Joseph P. Lopinto, III, Sheriff

CELIUS GRAY NO. 24-K-354

VERSUS FIFTH CIRCUIT

JOSEPH P. LOPINTO, III, SHERIFF COURT OF APPEAL

STATE OF LOUISIANA

August 20, 2024

Linda Wiseman
First Deputy Clerk

IN RE CELIUS GRAY

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
DONALD A. ROWAN, JR., DIVISION "L", NUMBER 20-5560

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT GRANTED FOR A LIMITED PURPOSE

Relator, Celius Gray, seeks a writ of mandamus ordering the 24th Judicial
District Court to rule on his pending writs of habeas corpus he claims he filed in
February and June 2024. Relator avers he was arrested on October 15, 2020 and
charged with first degree rape, theft less than $1,000 and resisting by false ID; he
states that he has been incarcerated since the date of his arrest and the rape charge
is based on a “groundless accusation” made against him.

According to the official court record, in December 2020, a sanity
commission was appointed at the State’s request. In February 2021, a grand jury
indicted Relator on charges of first degree rape in violation of La. R.S. 14:42. The
district court found Relator incompetent to stand trial in August 2021, and
remanded him to the Eastern Louisiana Mental Health System/Forensic Division
(“ELMHS”) for inpatient competency restoration services. In December 2022, the
court found that Relator’s competency had been restored and he was competent to
stand trial. The next day, counsel for Relator filed a Motion for Mental Health
Examination to Determine Sanity at the Time of the Offense.

After a sanity hearing at the beginning of February 2023, the court signed an
order for Relator’s Pre-Trial Commitment. The court once again found Relator
incompetent to stand trial and remanded him to ELMHS for competency
restoration. After several continuances, another sanity hearing was held on March
6, 2024. According to the minute entry from that date, Relator was found
“incompetent to proceed”. Relator filed Writs of Habeas Corpus with the district
court on March 14, 2024 and July 16, 2024. The district court has not ruled on
either of the motions to date, but has set Relator’s pro se Motion for Substitution of

Counsel for hearing on September 17, 2024. Further, Relator has filed “Petition for
a Writ of Prohibition” with this court, requesting mandamus relief, and an
additional Writ of Habeas Corpus requesting to be brought “before a court”.

“When the question of the defendant’s mental incapacity to proceed is
raised, there shall be no further steps in the criminal prosecution, except the
institution of prosecution, until the defendant is found to have the mental capacity
to proceed.” La. C.Cr.P. art. 642. The proceedings shall be suspended once the
court finds the defendant incompetent. La. C.Cr.P. art. 648(A). Therefore, it
appears that Relator is not entitled to mandamus relief, as the trial court has
suspended all proceedings once he was found “incompetent to proceed”.

However, while Relator was committed to the Feliciana Forensic Facility1 in
March 2024, it appears that he is currently being held in the Jefferson Parish
Correctional Center (“JPCC”). The Court notes that if a defendant is held in parish
prison for 180 days after the determination that he lacks capacity to proceed, the
district court must order a status conference pursuant to La. C.Cr.P. art.
648(A)(2)(d). We further observe that the “DISPOSITION” for this case listed in
the official court record indicates that, on March 6, 2024, the case was marked
“Closed by Minute Clerk: Found incompetent.” That notation suggests that the
district court may have ruled Relator incompetent under La. C.Cr.P. art. 648(B),
which would have required the district court to take a number of other actions after
the March 2024 hearing.

Considering the foregoing, the writ is granted for a limited purpose. The
district court is ordered to rule on Relator’s writs of habeas corpus, or provide
reasons to this Court why it cannot, within 15 days of this disposition.

Gretna, Louisiana, this 20th day of August, 2024.

MEJ
SUS
TSM

1
“Feliciana Forensic Facility” and “Eastern Louisiana Mental Health System/Forensic Division (“ELMHS”)” are
interchangeable terms for the State mental health facility located in Jackson. See La. R.S. art. 28:25.1(A).

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 08/20/2024 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:

24-K-354
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Celius Gray #1000677028 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054