Christopher Nicolais Versus Donald Foret

CHRISTOPHER NICOLAIS NO. 24-K-503

VERSUS FIFTH CIRCUIT

DONALD FORET COURT OF APPEAL

STATE OF LOUISIANA

October 29, 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 23-1545, 23-2968, 24-1064

Panel composed of Judges Fredericka Homberg Wicker,
Jude G. Gravois, and Timothy S. Marcel

WRIT DENIED

In this writ application, relator, Christopher Nicolais, filed a petition for writ
of mandamus, asserting that the 24th Judicial District Court has failed to rule on
the following pro se motions filed on or about October 11, 2024: “Writ of Habeas
Corpus”; “Writ of Certiorari”; “Motion for Release Special Condition”; “Motion
for Speedy Trial”; “Motion for Substitute Counsel”; “Motion to Suppress”;
“Motion for Video Discovery Sessions, Div. ‘M’ Fridays”; “Motion to Visit the
JPCC Law Library (Special Request)”; and “Motion to Quash.” Relator also
claims the trial court has failed to respond to his request for the following
documents: bill of indictment; court rulings on denied motions; decisions based on
rulings; and pertinent court minutes.

According to relator’s official record, a status hearing was scheduled for
October 24, 2024 on relator’s writs of habeas corpus and certiorari, motion for
video discovery sessions, and motion to visit the JPCC law library. At the October
24, 2024 hearing, the trial court, on its own motion, recused itself and ordered the
Clerk of Court to reallot relator’s cases in case numbers 23-1545 and 24-1064 to
another division of the court. The cases have been reallotted to Division “C.”

Considering that relator’s cases were only recently reallotted to a new
division of the trial court, and that this Court does not generally entertain a writ of
mandamus without affording the trial court a reasonable opportunity within which
to either rule or set a contradictory hearing on pending matters, we find that
relator’s writ of mandamus is premature. Accordingly, this writ application is

denied. This denial does not preclude relator from re-urging another writ of
mandamus if the trial court fails to rule or if a contradictory hearing has not been
held by the trial court to address any properly filed pro se motions within a
reasonable period of time.

Gretna, Louisiana, this 29th day of October, 2024.

JGG
FHW
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 10/29/2024 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-503
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