State of Louisiana Versus Cornelius Ellis, Sr. ( 2023 )

STATE OF LOUISIANA NO. 23-KH-542 VERSUS FIFTH CIRCUIT CORNELIUS ELLIS, SR. COURT OF APPEAL STATE OF LOUISIANA December 01, 2023 Linda Wiseman First Deputy Clerk IN RE CORNELIUS ELLIS, SR. APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO, III, DIVISION "D", NUMBER 17-7016 Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and John J. Molaison, Jr. WRIT GRANTED IN PART; JUDGMENT VACATED; REMANDED The relator, Cornelius Ellis, seeks review of the trial court’s October 11, 2023 judgment that denied his “Motion To Correct An Illegal Sentence.” After the relator had filed the instant writ application, the trial court granted the relator’s counseled motion for appeal on November 29, 2023. A copy of the order is attached. Based upon the current procedural posture, we find that the relator’s Motion to Correct an Illegal Sentence was prematurely filed. The relator may now raise the issue of an illegal sentence on direct appeal. Accordingly, the judgment of October 11, 2023 is vacated. We remand the matter to the district court with instructions to correct the relator’s name on the order granting the appeal. Gretna, Louisiana, this 1st day of December, 2023. JJM SMC JGG 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 12/01/2023 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-542 E-NOTIFIED 24th Judicial District Court (Clerk) Hon. Joseph A. Marino, III (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Cornelius Ellis, Sr. #347116 (Relator) Raymond Laborde Correctional Center 1630 Prison Road Cottonport, LA 71327