State of Louisiana Versus Christopher Nicolais

STATE OF LOUISIANA NO. 24-K-408

VERSUS FIFTH CIRCUIT

CHRISTOPHER NICOLAIS COURT OF APPEAL

STATE OF LOUISIANA

September 05, 2024

Linda Wiseman
First Deputy Clerk

IN RE CHRISTOPHER NICOLAIS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD L. FORET,
DIVISION "H", NUMBER 24-1064

Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and Stephen J. Windhorst

WRIT DENIED

In this pro se writ application, relator, Christopher Nicolais, allegedly seeks

mandamus relief. For the following reasons, we deny the writ application.

As an initial matter, we note that relator’s writ application fails to include

the trial court ruling complained of, any pleading upon which a ruling was based,

the pertinent court minutes, the indictment of bill of information, or a notice of

intent and return date order, as required by the Uniform Rules–Courts of Appeal,

Rule 4–5(C).

Nonetheless, after reviewing relator’s writ application, while relator broadly

styles his writ application as seeking mandamus relief, we find that relator does not

request that the district court be ordered to perform any act regarding a pending

matter. It appears that relator actually seeks review of the trial court’s July 30,

2024 denial of his pro se motions for (1) change of venue and for recusal of the

Assistant District Attorney, Michael Morales; (2) discovery of exculpatory

24-K-408

evidence; and (3) substitution of counsel, however, no ruling denying these

motions is attached for this Court’s review. It further appears that relator seeks

review of a “motion to release on special condition” that was re-urged at the

hearing by relator’s court-appointed counsel. Lastly, relator sets forth a “request

for ‘denial of special jury instruction,’” but does not show that such a request was

ever made in the district court, or ruled upon.

As to relator’s request for review of the district court’s July 30, 2024 denial

of his pro se motions for change of venue, to recuse the Assistant District

Attorney, and for discovery of exculpatory evidence, on the showing made, we

find no reason to disturb the district court’s ruling. As to relator’s request for

review of the trial court’s ruling denying his pro se motion for substitution of

counsel and his motion to release on special condition, the record reflects that on

August 22, 2024, relator filed a supplemental motion to release on special

condition and to recall his court-appointed counsel, which motion is currently set

for hearing on Wednesday, September 11, 2024. Consequently, we find that

relator’s application is premature and not ripe for this Court’s supervisory review.

Regarding relator’s request to deny a potential jury instruction relator is not

entitled to the relief he seeks.

For the foregoing reasons, relator’s writ application is denied.

Gretna, Louisiana, this 5th day of September, 2024.

SMC
MEJ
SJW

2

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 09/05/2024 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-408
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald L. Foret (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Christopher Nicolais #1002231115 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054