Opinion
22-K-159
04-18-2022
STATE OF LOUISIANA v. CHAD ALLEMAN IN RE CHAD ALLEMAN
SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE TIMOTHY S. MARCEL, DIVISION "E", NUMBER 16, 158
Panel composed of Judges Marc E. Johnson, Hans J. Liljeberg, and John J. Molaison, Jr.
WRIT GRANTED, IN PART
The relator, Chad Alleman, filed the instant writ application which seeks to compel the trial court to rule upon his writ of habeas corpus. The relator contends that he received an order from the district court on March 23, 2022; however, it incorrectly identified both his name and his current charge. Relator contends that he was previously informed that he has a pending theft charge in St. Charles Parish. The order relator attached to his writ application, issued in district court case no. 16-0158, contains the name "Chad Allen" and refers to simple burglary charges. It appears that the relator is also seeking a review of the merits of the order that allegedly contains the incorrect information. Finally, the relator asks this Court to order the district court to "resolve" his prosecution.
To the extent that the relator challenges the merits of the order of March 23, 2022, his writ application is deficient under Uniform Rules, Courts of Appeal Rule 4-3, as it does not contain a notice of intent or a return date.
We grant the writ, in part, and remand the matter to the trial court for a determination on whether the order at issue contains incorrect information. If, as the relator suggests, the trial court has already made a ruling on relator's writ of habeas corpus but incorrectly identified the relator, then the trial court is ordered to make the appropriate corrections and re-issue its ruling. In the event the order at issue has the correct information, the trial court is ordered to re-issue the order, with a brief explanation to confirm that relator and the defendant, Chad Allen, referenced in case no. 16-0158 cited above are the same individual. Because the accuracy of the order is unclear at this time, we pretermit consideration of the merits of the relator's writ application.
JJM
MEJ
HJL