Opinion
22-K-102
06-29-2022
GREGORY MITCHELL v. STATE OF LOUISIANA IN RE GREGORY MITCHELL
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V. FAULKNER, JR., DIVISION "P", NUMBER 21-5716
Panel composed of Judges Jude G. Gravois, Stephen J. Windhorst, and John J. Molaison, Jr.
WRIT OF MANDAMUS GRANTED
In his writ application, relator, Gregory Mitchell, alleges that he was arrested on September 28, 2021 on various possession of illegal substances charges. He argues that while his original custody was legal, it ceased to be legal when a "probation hold" was placed upon him by his probation officer in a different proceeding in St. Charles Parish, and that he has been denied a bond hearing on his current charges. Relator appears to further allege that he filed a "Motion for Petition for a Writ of Habeas Corpus/and or time for a stay away order for due process in law" in the district court that apparently has not yet been ruled upon by the district court. Under the circumstances presented, we will construe relator's filing in this Court as a request for mandamus relief.
Accordingly, relator's writ of mandamus is hereby granted. If indeed relator filed a Petition for a Writ of Habeas Corpus in the district court, and if indeed the district court has not yet ruled upon said Petition, then the district court is hereby ordered to rule upon relator's Petition for a Writ of Habeas Corpus, within 20 days of the date of this ruling, and to furnish relator and this Court with a copy of said ruling within 10 days of the date of the ruling.
Gretna, Louisiana, this 29th day of June, 2022.
JGG
SJW
JJM