Wilfred Greeenup 850007 Cr Versus State of Louisiana ( 2023 )

WILFRED GREEENUP 850007 CR NO. 23-KH-457 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA October 03, 2023 Linda Wiseman First Deputy Clerk IN RE WILFRED GREENUP APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", NUMBER 85,7 Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and Scott U. Schlegel WRIT OF MANDAMUS GRANTED In his writ application requesting mandamus relief, relator, Wilfred Greenup, complains that the district court has failed to rule on his motion to correct an illegal sentence allegedly filed in the district court. Relator contends that his motion was set for hearing on September 7, 2023, but that the district court refused to rule on it “due to the District Attorney stating: ‘Mr. Greenup, your Honor is about to be release and have pending litigation in the Louisiana Supreme Court’.” In light of these allegations, we grant relator’s request for mandamus relief and order the district court to rule upon relator’s motion to correct an illegal sentence, if properly filed, within thirty days of this order, if it has not already done so. The district court is further directed to provide a copy of its ruling to relator and to this Court. Gretna, Louisiana, this 3rd day of October, 2023. RAC SJW 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 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 10/03/2023 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-457 E-NOTIFIED 40th District Court (Clerk) Honorable Nghana Lewis (DISTRICT JUDGE) Honorable Bridget A. Dinvaut (Respondent) MAILED Wilfred Greenup #111228 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426