Jamal Anthony (Doc 410761) Versus State of Louisiana ( 2023 )

JAMAL ANTHONY (DOC# 410761) NO. 23-KH-429 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA September 14, 2023 Linda Wiseman First Deputy Clerk IN RE JAMAL ANTHONY (DOC# 410761) APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER COX, III, DIVISION "B", NUMBER 15-7270 Panel composed of Judges Susan M. Chehardy, Robert A. Chaisson, and Stephen J. Windhorst WRIT OF MANDAMUS GRANTED In this pro se application for writ of mandamus, relator contends that the district court has failed to rule on his motion to correct an illegal sentence, which he asserts he filed on May 3, 2023, in the Twenty-Fourth Judicial District Court, Case Number 15-7270. We first note that relator has failed to attach a copy of the motion to his writ application. The official record, however, indicates relator filed a motion to correct illegal sentence on May 3, 2023, and that on May 15, 2023, the district court ordered the State to file any response it deems proper with 60 days. To date, the State has not filed a response, and the 60-day deadline expired on July 14, 2023. In light of the foregoing, we grant relator mandamus relief and direct the district court to rule on relator’s motion to correct illegal sentence, if it has not already done so, within 20 days from the date of this disposition, and to furnish relator and this court with a copy of the ruling. Gretna, Louisiana, this 14th day of September, 2023. SJW SMC RAC 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. SCOTT U. SCHLEGEL 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 09/14/2023 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-KH-429 E-NOTIFIED 24th Judicial District Court (Clerk) R. Christopher Cox, III (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Jamal Anthony #410761 (Relator) David Wade Correctional Center 670 Bell Hill Road Homer, LA 71040