JOHN WESLEY PATTON VERSUS STEPHEN C. GREFER, JUDGE, 24TH JDC
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JOHN WESLEY PATTON NO. 20-K-29 VERSUS FIFTH CIRCUIT STEPHEN C. GREFER, JUDGE, 24TH JDC COURT OF APPEAL STATE OF LOUISIANA January 31, 2020 Susan Buchholz First Deputy Clerk **CONFIDENTIAL** LSA-RS 46:1844(W) ATTORNEYS OF RECORD ONLY IN RE JOHN WESLEY 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 Jude G. Gravois, Marc E. Johnson, and Stephen J. Windhorst WRIT GRANTED FOR LIMITED PURPOSE In this pro se writ application, relator, John Wesley Patton, seeks mandamus relief concerning his Petition for Writ of Habeas Corpus filed on August 1, 2019. Upon review of relator’s petition, based on its substance, relator requested an evidentiary hearing regarding alleged due process violations and mail theft concerning the Jefferson Parish Correctional Center.1 Relator did not file a rule to show cause with the petition and there is no indication in the record that the trial court considered relator’s request for an evidentiary hearing. Based on the foregoing, we grant relator’s writ application for the limited purpose of remanding the matter to the trial court to, within ten (10) days of this disposition, render a ruling, or alternatively, to set the matter for hearing, if it has not done so already. Accordingly, this writ application is granted for that purpose only. Gretna, Louisiana, this 31st day of January, 2020. SJW JGG MEJ 1 A writ of habeas corpus is not the proper remedy for the substantive relief requested in relator’s petition. A habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody. La. C.Cr.P. art. 351. We note that since the filing of the petition, relator, who is incarcerated in the Jefferson Parish Correctional Center, has appeared before the trial court numerous times for hearings on various motions and relator was provided with oral or written notice concerning the next court proceedings. Therefore, any request for mandamus relief as to the granting of a writ of habeas corpus would be moot. 20-K-29 SUSAN M. CHEHARDY CURTIS B. PURSELL 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 JOHN J. MOLAISON, JR. JUDGES FIFTH CIRCUIT 101 DERBIGNY STREET (70053) 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 01/31/2020 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: 20-K-29 E-NOTIFIED Thomas J. Butler (Respondent) MAILED Price Quenin (Respondent) Attorney at Law 848 2nd Street Third Floor Gretna, LA 70053 John Wesley Patton #79121800 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054
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