State of Louisiana Versus Brian Weber

STATE OF LOUISIANA NO. 24-K-534

VERSUS FIFTH CIRCUIT

BRIAN WEBER COURT OF APPEAL

STATE OF LOUISIANA

November 15, 2024

Linda Wiseman
First Deputy Clerk

IN RE BRIAN WEBER

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANZ L. ZIBILICH,
JUDGE AD HOC, DIVISION "C", NUMBER 24-3781, 24-3782

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and Stephen J. Windhorst

WRIT DENIED

In the instant pro se writ application, Relator, who is charged with extortion
in violation of La. R.S. 14:66 and domestic abuse battery in violation of La. R.S.
14:35.3 in August and September 2024, appears to request mandamus relief from
this Court. Relator complains that the trial court has yet to hold a pretrial
conference, and asks that this Court order the district court to consider his motions,
once we confirm the motions “are still existence”.

A review of the court record shows that a sanity commission has been
appointed in Relator’s case and a competency hearing is scheduled for November
20, 2024. Under La. C.Cr.P. art. 642, “there can be no further steps in the criminal
prosecution” of Relator until the issue of his competency has been resolved. See
Jefferson Parish v. LaBranche, 23-K-496 (La. App. 5 Cir. 11/8/23) (unpublished
writ disposition). Therefore, this Court is unable to grant Relator’s request for
relief at this time. Id. Accordingly, the writ application is denied.

Gretna, Louisiana, this 15th day of November, 2024.

MEJ
FHW
SJW

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 11/15/2024 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-534
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Franz L. Zibilich (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Brian Weber #1846 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054