DANIELLE MCDEVITT VERSUS MICHAEL SALISBURY

Annotate this Case

Download PDF

DANIELLE MCDEVITT NO. 22-C-442 VERSUS FIFTH CIRCUIT MICHAEL SALISBURY COURT OF APPEAL STATE OF LOUISIANA September 20, 2022 Susan Buchholz Chief Deputy Clerk IN RE DANIELLE MCDEVITT APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 776-634 Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and John J. Molaison, Jr. WRIT GRANTED Based upon our review of the application presented, we find that the motion to recuse at issue was timely filed setting forth alleged recent acts of bias by the trial court which fall within the time limitation of La. C.C.P. art. 154(A). Thus, we find that the trial judge erred in denying the motion to recuse as untimely. Accordingly, we grant the relator’s writ, vacate the trial court’s ruling, and remand the matter for the trial court to either consider the merits of the relator’s motion to recuse and render a judgment in compliance with La. C.C.P. art. 154 or to make a written request to the supreme court for the appointment of an ad hoc judge as provided in La. C.C.P. arts. 154 and 155. In all other respects, relief is denied. Gretna, Louisiana, this 20th day of September, 2022. JJM SMC FHW 22-C-442 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT SUSAN S. BUCHHOLZ FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN 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 09/20/2022 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: 22-C-442 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) Shaye R. Lirette (Relator) MAILED Michael Salisbury (Respondent) In Proper Person 39 Emma Street Binghamton, NY 13905

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.