State of Louisiana Versus Torrance Clark

STATE OF LOUISIANA NO. 24-K-364

VERSUS FIFTH CIRCUIT

TORRANCE CLARK COURT OF APPEAL

STATE OF LOUISIANA

September 06, 2024

Linda Wiseman
First Deputy Clerk

IN RE TORRANCE CLARK

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
MICHAEL P. MENTZ, DIVISION "F", NUMBER 21-3269

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

WRIT DENIED

Relator, Torrance Clark, appears to seek a review of the district court’s May 8,
2024 ruling that declared him incompetent to proceed to trial on sexual battery
charges in violation of La. R.S. 14:43.1. In his application, captioned “Objection to
Supervisory Recommendation”, Relator also requests the Court to order a
contradictory hearing based on the State’s failure to institute prosecution. Finally,
Relator’s pleading includes a Petition for Habeas Corpus, signed and dated July 20,
2024, in which he appears to claim that his December 16, 2023 arrest was unlawful.

The district court’s records reflect that it held a competency hearing at the
beginning of May 2024, found Relator incompetent to stand trial, and entered a pre-
trial commitment order that remanded him to East Louisiana Mental Health System
(“ELMHS”) for competency restoration, pending the availability of a bed. Relator
also sought review of that ruling. This Court determined that, under La. C.Cr.P. art.
648, “[d]ue to the suspension of relator’s proceedings, no further steps may be taken
in his criminal prosecution until the issue of his competency has been resolved.” See
State v. Clark, 24-K-182 (La. App. 5 Cir. 5/15/24) (unpublished writ disposition).

Based on the foregoing, and the fact the issue of his competency still has yet to
be resolved, the writ application is denied.

Gretna, Louisiana, this 6th day of September, 2024.

MEJ
SUS
TSM

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 09/06/2024 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-364
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Michael P. Mentz (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Torrance Clark #40089600 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054