IN RE STATE OF LOUISIANA VERSUS MARK MILLER
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IN RE STATE OF LOUISIANA NO. 21-KH-602 VERSUS FIFTH CIRCUIT MARK MILLER COURT OF APPEAL STATE OF LOUISIANA September 22, 2021 Susan Buchholz First Deputy Clerk **CONFIDENTIAL** LSA-RS 46:1844(W) ATTORNEYS OF RECORD ONLY IN RE MARK MILLER APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JASON VERDIGETS, DIVISION "A", NUMBER 10,6011 Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and John J. Molaison, Jr. WRIT GRANTED For the second time, the relator, Mark Miller, seeks a writ of mandamus to compel the district court to rule upon his “Motion to Compel/to Correct Illegal Sentence.” On June 21, 2021, this Court granted the relator’s prior application which sought the same relief. State v. Miller, 21-299 (La. App. 5 Cir. 6/21/21) (unpublished writ). In that disposition, we ordered the trial court “to rule upon relator’s ‘Motion to Compel/to Correct Illegal Sentence’ filed on or about April 23, 2021, within 30 days of the date of this disposition, if it has not already done so, and to furnish a copy of said ruling to relator and to this Court within 10 days of the date of such ruling.” To date, we have not received a copy of the trial court’s ruling. Accordingly, the relator’s writ is granted. The trial court is ordered to rule on the relator’s motion, if it has not already done so, and to provide a copy of its ruling to the relator and this Court within seven days of the date of this disposition. Gretna, Louisiana, this 22nd day of September, 2021. JJM RAC SJW 21-KH-602 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. 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 09/22/2021 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: 21-KH-602 E-NOTIFIED 23rd Judicial District Court (Clerk) Hon. Jason Verdigets (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Honorable Ricky L. Babin (Respondent) District Attorney 23rd Judicial District Court Post Office Box 66 Convent, LA 70723 Mark Miller #473135 (Relator) Elayn Hunt Correctional Center Post Office Box 174 St. Gabriel, LA 70776
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