Opinion
NO. 19-K-349
08-07-2019
STATE OF LOUISIANA v. JOHN W. PATTON
Susan Buchholz First Deputy Clerk IN RE JOHN W. PATTON 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 18-7474 Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Timothy S. Marcel, Pro Tempore
WRIT GRANTED IN PART; DENIED IN PART AS MOOT
Relator, John Patton, seeks a writ of mandamus from this Court contending that the trial court has not ruled on his numerous pro se motions filed March 2019 through July 2019. Relator also filed a motion to recuse several judges from this Court.
A review of the official record shows that relator filed several pro se omnibus motions on March 26, 2019. The trial court signed a show cause order setting all motions for hearing on April 29, 2019. The April 29, 2019 minute entry shows that the trial court granted relator's pro se motion for a speedy trial; however, the minute entry does not show that the other motions were set for hearing or that the trial court ruled on any other motion filed March 26, 2019. On April 29, 2019, relator filed a pro se letter/motion and subsequently withdrew it the same day. On May 24, 2019, relator filed another pro se letter/motion. On July 9, 2019, relator filed several additional pro se motions. The record shows that the trial court has not yet ruled on or set for hearing relator's pro se motions filed on March 26, 2019, May 24, 2019, and July 9, 2019. Accordingly, if it has not already done so, the trial court is hereby ordered to rule on or set for hearing relator's pro se motions within 30 days of the date of this disposition and to furnish relator with a copy of the ruling.
Additionally, relator filed a motion to recuse the following judges of this Court pursuant to La. C.Cr.P. art. 679: Chief Judge Chehardy, Judge Wicker, Judge Liljeberg, and Judge Molaison. Since none of the aforementioned judges are presiding over this writ application, relator's motion to recuse is denied as moot.
Accordingly, this writ application is denied as to the motion for speedy trial, and denied as moot as to the motion to recuse. This writ application is granted as to the remaining pro se motions to the extent provided above.
Gretna, Louisiana, this 7th day of August, 2019.
SJW
MEJ
TSM