State of Louisiana Versus Zannie Neal

STATE OF LOUISIANA NO. 24-KH-48

VERSUS FIFTH CIRCUIT

ZANNIE NEAL COURT OF APPEAL

STATE OF LOUISIANA

March 12, 2024

Susan Buchholz
Chief Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
JOSEPH A. MARINO, III, JUDGE AD HOC, AND HONORABLE GLENN B. ANSARDI, JUDGE PRO
TEMPORE DIVISION "D", NUMBER 98-3238

Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and Timothy S. Marcel

WRIT GRANTED

Relator, the State of Louisiana, seeks review of the trial court’s December 21,

2023 order that granted the motion for appeal filed by Defendant, Zannie Neal.

According to Defendant’s “Motion for Appeal and Designation of Record,”

Defendant is attempting to appeal the trial court’s December 5, 2023 order that

denied his second or subsequent application for post-conviction relief. However,

there is no right of appeal from a judgment denying post-conviction relief; the proper

procedure for this claim is by application for supervisory writ. State v. Johnson, 98-

650 (La. App. 5 Cir. 2/10/99), 729 So.2d 55, 56.

Therefore, we find that the trial court erred by granting Defendant’s motion

for appeal. Accordingly, we grant the writ application, vacate the trial court’s

December 22, 2023 order that granted Defendant’s motion for appeal, and reserve

Defendant’s right to file a proper application for supervisory writs in compliance

with Uniform Rules—Courts of Appeal, Rule 4-3.

Gretna, Louisiana, this 12th day of March, 2024.

MEJ
SMC
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 03/12/2024 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-48
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Joseph A. Marino, III (DISTRICT JUDGE)
Honorable Glenn B. Ansardi (DISTRICT JUDGE)
Eddie J. Jordan, Jr. (Respondent) Thomas J. Butler (Relator)
Juliet L. Clark (Relator)

MAILED
Honorable Paul D. Connick, Jr. (Relator)
District Attorney
Twenty-Fourth Judicial District
200 Derbigny Street
Gretna, LA 70053