Opinion
22-K-53
02-25-2022
TERRANCE A. POLK v. STATE OF LOUISIANA IN RE TERRANCE A. POLK
APPLYING FOR SUPERVISORY WRIT FROM THE MAYOR'S COURT, CITY OF KENNER, PARISH OF JEFFERSON, STATE OF LOUISIANA
Panel composed of Judges Susan M. Chehardy, Robert A. Chaisson, and Hans J. Liljeberg
WRIT DISMISSED
Defendant, Terrance A. Polk, filed a petition for writ of mandamus requesting that this Court order the clerk of court for the City of Kenner Mayor's Court to hear a motion to quash he filed on January 15, 2022. Defendant also filed a subsequent "petition for a review" further contending that his due process rights were being violated because he was arrested on July 16, 2021, on a fugitive warrant for a simple battery arrest by the Kenner Police Department, and has not yet had any appearances in court. Defendant contends that he has been in continuous custody since July 2021, and has filed several motions with the City of Kenner Mayor's Court, including a motion to quash, "701 motion," and a "writ of habeas corpus." He contends that he has not received any rulings or responses to his filings and requests that this Court also issue a writ ordering defendant's appearance in court.
Based on our review of these petitions, it appears that defendant is asking this Court to order relief with respect to a matter pending in the City of Kenner Mayor's Court. This Court does not have jurisdiction to consider the relief requested. See La. R.S. 13:1896(A)(1). Defendant must first file for such relief with the district court before he can seek relief from this Court.
Accordingly, we dismiss defendant's petition for writ of mandamus and "petition for a review" due to lack of jurisdiction.
HJL
SMC
RAC