Opinion
23-KH-457
10-03-2023
WILFRED GREEENUP 850007 CR v. STATE OF LOUISIANA IN RE WILFRED GREENUP
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", NUMBER 85,7
Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and Scott U.Schlegel
WRIT OF MANDAMUS GRANTED
In his writ application requesting mandamus relief, relator, Wilfred Greenup, complains that the district court has failed to rule on his motion to correct an illegal sentence allegedly filed in the district court. Relator contends that his motion was set for hearing on September 7, 2023, but that the district court refused to rule on it "due to the District Attorney stating: 'Mr. Greenup, your Honor is about to be release and have pending litigation in the Louisiana Supreme Court'." In light of these allegations, we grant relator's request for mandamus relief and order the district court to rule upon relator's motion to correct an illegal sentence, if properly filed, within thirty days of this order, if it has not already done so. The district court is further directed to provide a copy of its ruling to relator and to this Court.
RAC
SJW
SUS