State of Louisiana Versus Christopher v. Nicolais

STATE OF LOUISIANA NO. 24-K-599

VERSUS FIFTH CIRCUIT

CHRISTOPHER V. NICOLAIS COURT OF APPEAL

STATE OF LOUISIANA

December 16, 2024

Linda Wiseman
First Deputy Clerk

IN RE CHRISTOPHER V. NICOLAIS

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 23-1545, 23-2968, 24-1064

Panel composed of Judges Stephen J. Windhorst,
John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED

The relator, Christopher Nicolais, filed the instant pleading which is styled
as the “re-urging” of his prior writ application, 24-K-295, that sought various
forms of mandamus relief. We denied that application, and the Louisiana Supreme
Court also denied writs. State v. Nicolais, 24-295 (La. App. 5. Cir. 07/15/25)
(unpublished disposition), writ denied, State v. Nicolais, 24-999 (La. 10/15/24),
394 So.3d 822. Reconsideration of a writ application that has been denied is not
permitted under Uniform Rules, Courts of Appeal, Rule 2-18.7. In addition, any
motion for reconsideration of 24-K-295, even if permissible, is untimely in this
case under Uniform Rules, Courts of Appeal, Rule 2-18.2.

With regard to any other allegations raised in the instant application, we note
that the relator provides no ruling or record for our review, and no evidence that
any of his claims have first been filed at the district court, as required by Uniform
Rules – Courts of Appeal, Rule 1-3.

For these reasons, and on the showing made, the relator’s writ application is
denied.

Gretna, Louisiana, this 16th day of December, 2024.

JJM
SJW
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 12/16/2024 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-599
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable June B. Darensburg (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

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