State of Louisiana Versus Delance Scott

STATE OF LOUISIANA NO. 24-KH-76

VERSUS FIFTH CIRCUIT

DELANCE SCOTT COURT OF APPEAL

STATE OF LOUISIANA

March 20, 2024

Susan Buchholz
Chief Deputy Clerk

IN RE DELANCE SCOTT

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE SHAYNA BEEVERS
MORVANT, DIVISION "M", NUMBER 07-511

Panel composed of Judges Fredericka Homberg Wicker,
Stephen J. Windhorst, and Scott U. Schlegel

WRIT DENIED IN PART; GRANTED IN PART FOR LIMITED
PURPOSE

In this pro se writ application seeking mandamus relief, relator, Delance Scott,

contends that the trial court has not ruled on his motion to correct illegal sentence.

The official record shows that relator’s motion was filed on May 30, 2023,

and the trial court issued an order denying relief on June 2, 2023. Service of the

June 2, 2023 order was directed to relator at “1630 Prison Road, Cottonport, LA

71327.” An invoice from Avoyelles Parish Sheriff’s Office states “subject not

housed at RLCC per MSGT Dodge.” Relator’s motion to correct illegal sentence

and the envelope the motion was mailed in shows relator’s address to be: Rayburn

Corr. Center, 27268 Hwy. 21 North, Angie, LA 70426,1 which is the same address

used by relator in this writ application. Therefore, there is no indication that relator

was served with a copy of the trial court’s order.

1 The envelopes for the motion to correct illegal sentence and for this writ application, both bear a stamp
from Rayburn Correctional Center.

Because the trial court ruled on relator’s motion, his writ of mandamus is

denied. Relator’s writ application is granted in part for the limited purpose of

ordering the Clerk of Court for the 24th Judicial District Court to serve relator with

a copy of the trial court’s June 2, 2023 order at the address provided by relator, which

is:

Delance Scott, DOC # 542040
Rayburn Correctional Center
27268 Hwy. 21 North
Angie, LA 70426

Accordingly, this writ application is denied in part, and granted in part for the limited

purpose of ordering the aforesaid service.

Gretna, Louisiana, this 20th day of March, 2024.

SJW
FHW
SUS

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 03/20/2024 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-76
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Shayna Beevers Morvant (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Delance Scott #542040 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426