Duane A. Antoine Versus Stephen C. Grefer

DUANE A. ANTOINE NO. 24-K-628

VERSUS FIFTH CIRCUIT

STEPHEN C. GREFER COURT OF APPEAL

STATE OF LOUISIANA

January 06, 2025

Linda Wiseman
First Deputy Clerk

IN RE DUANE A. ANTOINE

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.
GREFER, DIVISION "J", NUMBER 23-5010

Panel composed of Judges John J. Molaison, Jr.,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

The relator/defendant, Duane Antoine, filed the instant pro se pleading,
captioned as a writ of mandamus, which appears to seek a review of the trial
court’s November 13, 2024, denial of his motion to quash. According to a minute
entry in the writ application, the court set the relator’s trial for January 13, 2025,
with appointed counsel representing him.

The relator’s application does not contain a notice of intent as required by
Uniform Rules, Courts of Appeal, Rule 4-2, and it does not show that a return date
was set by the trial court, as required by Uniform Rules, Courts of Appeal, Rule 4-
3. Also, the relator filed this writ application more than 30 days after the
November 13, 2024, ruling, as demonstrated by the December 20, 2024 postmark
on his filing. We note that the minute entry from November 13, 2024, shows that
the relator was present in court when the court denied his motion to quash. The
writ application is untimely under Uniform Rules, Courts of Appeal, Rule 4-3.

On the showing made, we deny the relator’s writ application. If convicted,
the relator will have an adequate remedy on appeal.

Gretna, Louisiana, this 6th day of January, 2025.

JJM
SUS
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 01/06/2025 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-628
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Duane A. Antoine #1002226170 (Relator)
Jefferson Parish Correctional Center
P. O. Box 388
Gretna, LA 70054