Ryndon Durall Versus Honorable Judge June Berry Darensburg, 24th J.D.C. Div C

RYNDON DURALL NO. 24-K-430

VERSUS FIFTH CIRCUIT

HONORABLE JUDGE JUNE BERRY COURT OF APPEAL
DARENSBURG, 24TH J.D.C. DIV C
STATE OF LOUISIANA

September 20, 2024

Linda Wiseman
First Deputy Clerk

IN RE RYNDON DURALL

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JUNE B.
DARENSBURG, DIVISION "C", NUMBER 23-4290

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Scott U. Schlegel

WRIT DENIED

In this writ application requesting mandamus relief, relator, Ryndon Durall,

seeks to have this Court compel the district court to set for hearing pre-trial

motions he filed in the Twenty-Fourth Judicial District Court in case no. 22-02126

and case no. 23-00270, respectively. For the following reasons, we deny the writ.

A review of the record shows that in case no. 22-02126, on July 21, 2022,

relator was charged by bill of information with one count of possession with intent

to distribute cocaine weighing less than twenty-eight grams, a violation of La. R.S.

40:967(A); and one count of possession with intent to distribute cocaine weighing

twenty-eight grams or greater, a violation of La. R.S. 40:967(A). In this case, on

August 18, 2022, relator filed several pre-trial motions, including a motion for

preliminary hearing, motion to suppress identification, motion to suppress

confession, and a motion to suppress evidence. It appears from the record that

these motions were never heard by the district court.

The record further shows that on January 12, 2023, in case no. 23-00270,

relator was charged by bill of information with one count of possession of cocaine

with an aggregate weight of two grams or more but less than twenty-eight grams, a

violation of La. R.S. 40:967(C). In this case, on February 14, 2023, relator also

filed several pre-trial motions, including a motion for preliminary hearing, motion

to suppress identification, motion to suppress confession, and a motion to suppress

evidence. It appears that these motions were likewise never heard by the district

court.

According to the record, on September 18, 2023, the charges in both case no.

22-02126 and case no. 23-00270 were dismissed because a new bill of information

had been refiled into case no. 23-04290 on September 11, 2023, which included

the same charges. The record indicates that a motion hearing was scheduled for

September 13, 2024, but was continued at the request of relator’s counsel due to

unforeseen circumstances occasioned by Hurricane Francine. The motion hearing

is currently reset for September 27, 2024. From the record, it appears that the

outstanding motions of which relator complains will be taken up by the district

court at that time.

Considering that a motion hearing is currently scheduled for September 27,

2024, we find that relator is not entitled to the mandamus relief he seeks at this

time. Accordingly, this writ application is denied.

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

SMC
JGG
SUS

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 09/20/2024 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-430
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable June B. Darensburg (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Ryndon Durall #123699 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054