State of Louisiana Versus Michael Carter

STATE OF LOUISIANA NO. 21-KH-494 VERSUS FIFTH CIRCUIT MICHAEL CARTER COURT OF APPEAL STATE OF LOUISIANA

September 21, 2021

Nancy F. Vega

Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Marc E. Johnson, Robert A. Chaisson, and John J. Lee, Jr.

REHEARING GRANTED; WRIT TRANSFERRED TO THE TRIAL COURT MEJ

RAC

JJL STATE OF LOUISIANA NO. 21-KH-494 VERSUS FIFTH CIRCUIT MICHAEL CARTER COURT OF APPEAL STATE OF LOUISIANA

Relator, Michael Carter, seeks mandamus relief that would order the trial court to set a return date to contest the May 5, 2021 order. A review of the official record does not reflect that Relator filed a notice of intent.

However, Relator has presented proof to this Court that he mailed a document—presumably a notice of intent—to the 24th Judicial District Court on May 26, 2021. The May 26th filing would have been timely-filed for notice of intent purposes.

Therefore, in the interest of justice, we transfer the instant writ application to the trial court for filing and consideration as a timely-filed notice of intent to contest the May 5, 2021 order.

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER

CHIEF DEPUTY CLERK JUDE G. GRAVOIS

MARC E. JOHNSON

ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST

FIRST DEPUTY CLERK HANS J. LILJEBERG

JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

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 09/21/2021 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:

21-KH-494 E-NOTIFIED

24th Judicial District Court (Clerk)

Honorable Ellen Shirer Kovach (DISTRICT JUDGE)

Thomas J. Butler (Respondent)

MAILED

Michael Carter #128714 (Relator)

Rayburn Correctional Center

27268 Highway 21

Angie, LA 70426