Derrick Chairs Versus State of Louisiana ( 2023 )

DERRICK CHAIRS NO. 23-KH-386 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA August 09, 2023 Linda Wiseman First Deputy Clerk IN RE DERRICK CHAIRS APPLYING FO SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C. GREFER, DIVISION "J", NUMBER 19-1574; 19-3319 Panel composed of Judges Jude G. Gravois, Robert A. Chaisson, and Cornelius E. Regan, Pro Tempore WRIT OF MANDAMAUS GRANTED WITH INSTRUCTIONS In his pro se writ application, relator, Derrick Chairs, seeks mandamus relief to compel the district court to rule on his Motion to Correct an Illegal Multiple Bill Sentence that he filed on May 18, 2023. On June 1, 2023, the trial court issued an order indicating that it required a copy of relator’s multiple offender plea colloquy and sentencing that occurred on January 5, 2022, in order to evaluate the merits of relator’s motion. Therefore, the trial court ordered the court reporter to provide a copy of the transcript. According to the official record, a copy of the January 5, 2022 transcript was filed into the district court record on June 7, 2023. Accordingly, we grant relator’s request for mandamus relief and direct the district court to rule on relator’s Motion to Correct an Illegal Multiple Bill Sentence, if it has not already done so, within thirty days from the date of this disposition and to furnish relator and this Court with a copy of the ruling. Gretna, Louisiana, this 9th day of August, 2023. CER JGG 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. 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 08/09/2023 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-386 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Derrick K. Chairs #292403 (Relator) Bossier Detention Center 2985 Old Plain Dealing Road Plain Dealing, LA 71064