Opinion
22-KH-505
10-28-2022
STATE OF LOUISIANA EX REL. SYLVESTER R. KAYWOOD v. CLERK OF COURT AND SHERIFF'S OFFICE, 24TH JUDICIAL DISTRICT IN RE SYLVESTER R. KAYWOOD
APPLYING FOR 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 19-4304
Panel composed of Judges Jude G. Gravois, Robert A. Chaisson, and Stephen J. Windhorst
In this pro se writ application, relator, Sylvester R. Kaywood, alleges that the trial court has failed to rule on his "Motion to Return Property to Lawful Owner in Compliance Louisiana Revised Statutes art. 15:41(B)(1) &(C) and La. Const. Art. 1 § 4 with Order Attached, and Contradictory Motion" which he alleges was filed on January 14, 2021. A review of relator's official record indicates that his said motion was filed on January 22, 2021; however, the official record evidences no ruling upon the motion at this time.
Accordingly, we grant relator's request for mandamus relief and order the trial court to rule upon relator's "Motion to Return Property to Lawful Owner in Compliance Louisiana Revised Statutes art. 15:41(B)(1) &(C) and La. Const. Art. 1 § 4 with Order Attached, and Contradictory Motion" within twenty days of the date of this order, if it has not already done so. Further, the trial court is ordered to provide a copy of its ruling to this Court and to relator.
Gretna, Louisiana, this 28th day of October, 2022.
WRIT OF MANDAMUS GRANTED
JGG
RAC
SJW
SUSAN M. CHEHARDY, CHIEF JUDGE FREDERICKA H. WICKER, JUDE G. GRAVOIS, MARC E. JOHNSON, ROBERT A. CHAISSON, STEPHEN J. WINDHORST, HANS J. LILJEBERG, JOHN J. MOLAISON, JR. JUDGES
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 10/28/2022 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:
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Respondent)
MAILED
Sylvester R. Kaywood #454948 (Relator)
Dixon Correctional Institute
P. O Box 788
Unit 3 / Dorm 9
Jackson, LA 70748