STATE OF LOUISIANA NO. 24-K-364 VERSUS FIFTH CIRCUIT TORRANCE CLARK COURT OF APPEAL STATE OF LOUISIANA

September 06, 2024 Linda Wiseman First Deputy Clerk

IN RE TORRANCE CLARK APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL P. MENTZ, DIVISION "F", NUMBER 21-3269

Panel composed of Judges Marc E. Johnson, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED Relator, Torrance Clark, appears to seek a review of the district court’s May 8, 2024 ruling that declared him incompetent to proceed to trial on sexual battery charges in violation of La. R.S. 14:43.1. In his application, captioned “Objection to Supervisory Recommendation”, Relator also requests the Court to order a contradictory hearing based on the State’s failure to institute prosecution. Finally, Relator’s pleading includes a Petition for Habeas Corpus, signed and dated July 20, 2024, in which he appears to claim that his December 16, 2023 arrest was unlawful.

The district court’s records reflect that it held a competency hearing at the beginning of May 2024, found Relator incompetent to stand trial, and entered a pre- trial commitment order that remanded him to East Louisiana Mental Health System (“ELMHS”) for competency restoration, pending the availability of a bed. Relator also sought review of that ruling. This Court determined that, under La. C.Cr.P. art. 648, “[d]ue to the suspension of relator’s proceedings, no further steps may be taken in his criminal prosecution until the issue of his competency has been resolved.” See State v. Clark, 24-K-182 (La. App. 5 Cir. 5/15/24) (unpublished writ disposition).

Based on the foregoing, and the fact the issue of his competency still has yet to be resolved, the writ application is denied.

Gretna, Louisiana, this 6th day of September, 2024.

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

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 09/06/2024 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:

24-K-364 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Michael P. Mentz (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Torrance Clark #40089600 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054