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State v. Neal

Court of Appeals of Louisiana, Fifth Circuit
Mar 12, 2024
No. 24-KH-48 (La. Ct. App. Mar. 12, 2024)

Opinion

24-KH-48

03-12-2024

STATE OF LOUISIANA v. ZANNIE NEAL


APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO, III, JUDGE AD HOC, AND HONORABLE GLENN B. ANSARDI, JUDGE PRO TEMPORE DIVISION "D", NUMBER 98-3238

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Timothy S. Marcel

WRIT GRANTED

Relator, the State of Louisiana, seeks review of the trial court's December 21, 2023 order that granted the motion for appeal filed by Defendant, Zannie Neal. According to Defendant's "Motion for Appeal and Designation of Record," Defendant is attempting to appeal the trial court's December 5, 2023 order that denied his second or subsequent application for post-conviction relief. However, there is no right of appeal from a judgment denying post-conviction relief; the proper procedure for this claim is by application for supervisory writ. State v. Johnson, 98650 (La.App. 5 Cir. 2/10/99), 729 So.2d 55, 56.

Therefore, we find that the trial court erred by granting Defendant's motion for appeal. Accordingly, we grant the writ application, vacate the trial court's December 22, 2023 order that granted Defendant's motion for appeal, and reserve Defendant's right to file a proper application for supervisory writs in compliance with Uniform Rules-Courts of Appeal, Rule 4-3.

Gretna, Louisiana, this 12th day of March, 2024.

MEJ

SMC

TSM

SUSAN M. CHEHARDY CHIEF JUDGE FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST JOHN J. MOLAISON, JR. SCOTT U.SCHLEGEL TIMOTHY S. MARCEL 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 03/12/2024 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:


Summaries of

State v. Neal

Court of Appeals of Louisiana, Fifth Circuit
Mar 12, 2024
No. 24-KH-48 (La. Ct. App. Mar. 12, 2024)
Case details for

State v. Neal

Case Details

Full title:STATE OF LOUISIANA v. ZANNIE NEAL

Court:Court of Appeals of Louisiana, Fifth Circuit

Date published: Mar 12, 2024

Citations

No. 24-KH-48 (La. Ct. App. Mar. 12, 2024)