STATE OF LOUISIANA VERSUS MERTON BAILEY

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STATE OF LOUISIANA NO. 18-K-684 VERSUS FIFTH CIRCUIT MERTON BAILEY COURT OF APPEAL STATE OF LOUISIANA December 12, 2018 Susan Buchholz First Deputy Clerk **CONFIDENTIAL** LSA-RS 46:1844(W) ATTORNEYS OF RECORD ONLY IN RE MERTON BAILEY APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE GLENN B. ANSARDI, DIVISION ''H'', NUMBER 15-3938, 15-4816 Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Stephen J. Windhorst WRIT GRANTED In this pro se writ application, relator, Merton Bailey, seeks mandamus relief, requesting this Court to order the trial court to rule on his outstanding pro se motions filed January 2, 2018, namely: (1) “Motion to Quash;” and (2) “Motion for Writ of Habeas Corpus.” According to the official record, relator’s pro se motions were filed on January 8, 2018, in district court case numbers 15-3938 and 15-4816. In both cases, these pro se motions were set for “status hearing” several times, but we note that they are not set on the next court date of January 7, 2019, and there is no indication in the record that the motions are set for hearing. Unless it has already ruled, the trial court is ordered to set relator’s pro se motions for hearing within 30 days from the date of this writ disposition. Accordingly, for the reasons stated herein, relator’s writ is granted. Gretna, Louisiana, this 12th day of December, 2018. SJW FHW JGG 18-K-684 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX 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 12/12/2018 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 18-K-684 E-NOTIFIED Terry M. Boudreaux (Respondent) MAILED Merton Bailey #166626 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054

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