STATE OF LOUISIANA VERSUS JOHN W. PATTON
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STATE OF LOUISIANA NO. 19-K-349 VERSUS FIFTH CIRCUIT JOHN W. PATTON COURT OF APPEAL STATE OF LOUISIANA August 07, 2019 Susan Buchholz First Deputy Clerk **CONFIDENTIAL** LSA-RS 46:1844(W) ATTORNEYS OF RECORD ONLY IN RE JOHN W. PATTON APPLYING FOR 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 18-7474 Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Timothy S. Marcel, Pro Tempore WRIT GRANTED IN PART; DENIED IN PART AS MOOT Relator, John Patton, seeks a writ of mandamus from this Court contending that the trial court has not ruled on his numerous pro se motions filed March 2019 through July 2019. Relator also filed a motion to recuse several judges from this Court. A review of the official record shows that relator filed several pro se omnibus motions on March 26, 2019. The trial court signed a show cause order setting all motions for hearing on April 29, 2019. The April 29, 2019 minute entry shows that the trial court granted relator’s pro se motion for a speedy trial; however, the minute entry does not show that the other motions were set for hearing or that the trial court ruled on any other motion filed March 26, 2019. On April 29, 2019, relator filed a pro se letter/motion and subsequently withdrew it the same day. On May 24, 2019, relator filed another pro se letter/motion. On July 9, 2019, relator filed several additional pro se motions. The record shows that the trial court has not yet ruled on or set for hearing relator’s pro se motions filed on March 26, 2019, May 24, 2019, and July 9, 2019. Accordingly, if it has not already done so, the trial court is hereby ordered to rule on or set for hearing relator’s pro se motions within 30 days of the date of this disposition and to furnish relator with a copy of the ruling. Additionally, relator filed a motion to recuse the following judges of this Court pursuant to La. C.Cr.P. art. 679: Chief Judge Chehardy, Judge Wicker, Judge Liljeberg, and Judge Molaison. Since none of the aforementioned judges are presiding over this writ application, relator’s motion to recuse is denied as moot. 19-K-349 Accordingly, this writ application is denied as to the motion for speedy trial, and denied as moot as to the motion to recuse. This writ application is granted as to the remaining pro se motions to the extent provided above. Gretna, Louisiana, this 7th day of August, 2019. SJW MEJ TSM 2 SUSAN M. CHEHARDY MARY E. LEGNON CHIEF JUDGE INTERIM CLERK OF COURT 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 08/07/2019 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 19-K-349 E-NOTIFIED Terry M. Boudreaux (Respondent) MAILED John W. Patton #79121800 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054
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