State of Louisiana Versus Cheri Hayden

STATE OF LOUISIANA NO. 25-KH-354

VERSUS FIFTH CIRCUIT

CHERI HAYDEN COURT OF APPEAL

STATE OF LOUISIANA

August 20, 2025

Linda Tran
First Deputy Clerk

IN RE CHERI HAYDEN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D.
ENRIGHT, JR., DIVISION "N", NUMBER 08-1709

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Marc E. Johnson

WRIT DENIED

Relator, Cheri Hayden, seeks review of the trial court’s July 30, 2025 ruling

that granted the motion for stay filed by Respondent, the State of Louisiana. The

ruling stayed all proceedings in the district court, which included a stay of any bail

proceedings, pending the Louisiana Supreme Court’s review of the State’s writ

application from Hayden v. Boutte, 22-244 (La. App. 5 Cir. 7/2/25), --- So.3d ---,

2025 WL 1825998, on remand. Relator argues that the trial court unconstitutionally

stayed this Court’s decree in the Hayden case, and it abused its discretion in issuing

the order by failing to apply the stay factors. She contends that the stay has

ultimately denied her constitutional rights to bail consideration.

Considering La. C.Cr.P. art. 930.6(B)1 in conjunction with Uniform Rules—

Courts of Appeal, Rule 4-4, we find that the trial court did not abuse its discretion in

1
Prior to the August 1, 2025 effective date of the legislative amendment that repealed La. C.Cr.P. art. 930.6(C),
Subsection C stated: “Pending the state’s application for writs, or pending the state’s appeal, the district court or the
court of appeal may stay the judgment granting relief.” As amended, La. C.Cr.P. art. 930.6(B) now states: “The

25-KH-354

granting a stay pending review of the State’s writ application by the Louisiana

Supreme Court. See, Hayden v. Boutte, 23-349 (La. App. 5 Cir. 8/9/23), writ denied,

23-1159 (La. 4/3/24). Because this Court’s ruling that granted Relator post-

conviction relief is not final, we further find that Relator is not entitled to a post-

conviction relief bail hearing. See, Id., citing La. C.Cr.P. art 922.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 20th day of August, 2025.

MEJ
SMC
JGG

district attorney and the attorney general shall have a right to suspensively appeal any order granting post conviction
relief.” Subsection (C) was in effect at the time of the district court’s ruling.
2

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. TRAN
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 08/20/2025 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:

25-KH-354
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
Darren A. Allemand (Respondent) Jee Y. Park (Relator)
Thomas J. Butler (Respondent)

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