John Elmer Versus State of Louisiana

JOHN ELMER NO. 24-KH-320

VERSUS FIFTH CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL

STATE OF LOUISIANA

July 17, 2024

Linda Wiseman
First Deputy Clerk

IN RE JOHN ELMER

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT,
PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CONNIE M.
AUCOIN, DIVISION "C", NUMBER 17,740

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT GRANTED FOR LIMITED PURPOSE

Relator, John Elmer, filed a writ of mandamus asking this Court to enforce

the following ruling issued in State v. John Elmer, 24-180, p. 2 (La. App. 5 Cir.

5/29/24), 2024 WL 2746082:

Because Relator’s case does not appear in the 29th Judicial District
Court’s database, this court cannot determine if a new UCO was
created after this court’s opinion in Elmer, supra, vacated relator’s
convictions and sentences on counts three through five. Accordingly,
to eliminate any further confusion over Relator’s UCO, the writ
application is granted for the limited purpose of ordering the 29th
Judicial District Court to correct the UCO to reflect Relator’s
conviction and sentence after this court’s opinion in Elmer, supra, and
direct its Clerk of Court to transmit the corrected UCO to the
appropriate authorities and the Department of Corrections’ legal
department in accordance with La. C.Cr.P. art. 892(B)(2), if it has not
already done so. See State v. Allen, 19-377 (La. App. 5 Cir. 4/30/20),
296 So.3d 1096, 1106-07, writ denied, 20-795 (La. 12/8//20), 306
So.3d 431.

Relator contends that he has not received a copy of the corrected UCO as

ordered by this Court. Thus, we grant the writ of mandamus for the limited

purpose of ordering the trial court to forward a copy of the corrected UCO to

relator and to this Court within ten days of this ruling. If the trial court has not yet

issued the corrected UCO, we order the trial court to either issue the corrected

UCO or provide this Court with a per curiam explaining why it has not been issued

within ten days of this ruling.

Gretna, Louisiana, this 17th day of July, 2024.

SUS
MEJ
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 07/17/2024 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-KH-320
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Connie M. Aucoin (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
John Elmer #185491 (Relator)
Louisiana State Penitentiary
Angola, LA 70712