STATE OF LOUISIANA NO. 22-K-159 VERSUS FIFTH CIRCUIT CHAD ALLEMAN COURT OF APPEAL STATE OF LOUISIANA

April 18, 2022 Susan Buchholz First Deputy Clerk

IN RE CHAD ALLEMAN APPLYING FOR 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.1 Finally, the relator asks this Court to order the district court to “resolve” his prosecution.

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

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.

22-K-159 accuracy of the order is unclear at this time, we pretermit consideration of the merits of the relator’s writ application.

Gretna, Louisiana, this 18th day of April, 2022.

JJM MEJ HJL

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 04/18/2022 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:

22-K-159 E-NOTIFIED 29th Judicial District Court (Clerk) Honorable Timothy S. Marcel (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Chad Alleman #20146 (Relator) Hon. Joel T. Chaisson, II (Respondent) Plaquemine Parish Detention Center District Attorney Post Office Box 67 Twenty-Ninth Judicial District Court Pointe à la Hache, LA 70082 Post Office Box 680 Hahnville, LA 70057