John Wesley Patton Versus Gary Wescott, Dpsc Secretary, Warden Travis Day, Bb Sixty Rayburn Correctional Center

JOHN WESLEY PATTON NO. 24-KH-576

VERSUS FIFTH CIRCUIT

GARY WESCOTT, DPSC SECRETARY, COURT OF APPEAL
WARDEN TRAVIS DAY, BB SIXTY RAYBURN
CORRECTIONAL CENTER STATE OF LOUISIANA

December 06, 2024

Linda Wiseman
First Deputy Clerk

IN RE JOHN WESLEY PATTON

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 18-7474

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

WRIT GRANTED FOR LIMITED PURPOSE

Relator, John Wesley Patton, filed a writ of mandamus asking this Court to
order the trial court to assign his motion to recuse to another court for hearing.
Relator contends that he filed the motion to recuse in October 2024, along with a
“shell application for post conviction relief.” 1

La. C.Cr.P. art. 674 provides the trial court with different options after a
defendant files a motion to recuse, depending on whether the motion to recuse is
timely or sets forth facts constituting a ground for recusal under Article 671:

B. If the motion to recuse sets forth facts constituting a ground for
recusal under Article 671, not later than seven days after the judge's
receipt of the motion from the clerk of court, the judge shall either
recuse himself or refer the motion for hearing to another judge or to
an ad hoc judge as provided in Article 675.

C. If the motion to recuse is not timely filed in accordance with
Paragraph A of this Article or fails to set forth facts constituting a
ground for recusal under Article 671, the judge may deny the motion
without referring the motion to another judge or to an ad hoc judge for
hearing but shall provide written reasons for the denial.

1
Relator filed a prior motion to recuse the trial court on December 14, 2023, which the trial court denied. Relator
then filed a writ application, and this Court denied the application. See State v. Patton, Case No. 24-KH-87 (La.
App. 5 Cir. 3/1/24).

It appears from relator’s writ for mandamus that that the trial court has not
yet acted on the motion to recuse. Therefore, we grant relator mandamus relief for
the limited purpose of directing the trial court to act on relator’s motion to recuse,
if it has not already done so, within five days of this disposition. The trial court
should also furnish relator and this Court with a copy of the action taken on the
motion to recuse.

Gretna, Louisiana, this 6th day of December, 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 12/06/2024 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-576
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
John Wesley Patton #327902 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426