State of Louisiana Versus Joseph Durning ( 2023 )

STATE OF LOUISIANA NO. 23-K-239 VERSUS FIFTH CIRCUIT JOSEPH DURNING COURT OF APPEAL STATE OF LOUISIANA June 02, 2023 Susan Buchholz Chief Deputy Clerk IN RE JOSEPH DURNING APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JUNE B. DARENSBURG, DIVISION "C", NUMBER 22-4105 Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Stephen J. Windhorst WRIT GRANTED IN PART FOR LIMITED PURPOSE; DENIED IN PART; REMANDED Relator, Joseph Durning, seeks mandamus relief that would order the district court to rule on his pro se Writ of Habeas Corpus, pro se Motion for Release Without Bail Pending Trial, “Protective Order Art. 320,” and counseled motions to suppress. A review of the official record reflects that the trial court has previously ruled upon and denied relator’s pro se Writ of Habeas Corpus and his counseled motions to suppress. Further, the official record reflects that the only protective order filed in this matter was filed and granted on August 26, 2022. Therefore, any mandamus relief sought to order the trial court to rule on those issues is denied as moot. However, a review of the record reflects that the trial court has not yet ruled upon relator’s pro se Motion for Release Pending Bail. Accordingly, we grant this writ application for the limited purpose of transferring it to the 24th Judicial District Court. The district court is hereby ordered to rule on relator’s “Motion for Release Without Bail Pending Trial” if it has not already done so, and to further provide a copy of its ruling to relator and to this Court. Gretna, Louisiana, this 2nd day of June, 2023. FHW MEJ SJW 23-K-239 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 ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM 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 06/02/2023 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: 23-K-239 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable June B. Darensburg (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Joseph Durning #95489800 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054