Opinion
24-K-628
01-06-2025
DUANE A. ANTOINE v. STEPHEN C. GREFER IN RE DUANE A. ANTOINE
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 23-5010
Panel composed of Judges John J. Molaison, Jr., Scott U.Schlegel, and Timothy S. Marcel
WRIT DENIED
The relator/defendant, Duane Antoine, filed the instant pro se pleading, captioned as a writ of mandamus, which appears to seek a review of the trial court's November 13, 2024, denial of his motion to quash. According to a minute entry in the writ application, the court set the relator's trial for January 13, 2025, with appointed counsel representing him.
The relator's application does not contain a notice of intent as required by Uniform Rules, Courts of Appeal, Rule 4-2, and it does not show that a return date was set by the trial court, as required by Uniform Rules, Courts of Appeal, Rule 43. Also, the relator filed this writ application more than 30 days after the November 13, 2024, ruling, as demonstrated by the December 20, 2024 postmark on his filing. We note that the minute entry from November 13, 2024, shows that the relator was present in court when the court denied his motion to quash. The writ application is untimely under Uniform Rules, Courts of Appeal, Rule 4-3.
On the showing made, we deny the relator's writ application. If convicted, the relator will have an adequate remedy on appeal.
JJM
SUS
TSM