STATE OF LOUISIANA NO. 24-K-534 VERSUS FIFTH CIRCUIT BRIAN WEBER COURT OF APPEAL STATE OF LOUISIANA

November 15, 2024 Linda Wiseman First Deputy Clerk

IN RE BRIAN WEBER APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANZ L. ZIBILICH, JUDGE AD HOC, DIVISION "C", NUMBER 24-3781, 24-3782

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Stephen J. Windhorst

WRIT DENIED In the instant pro se writ application, Relator, who is charged with extortion in violation of La. R.S. 14:66 and domestic abuse battery in violation of La. R.S.

14:35.3 in August and September 2024, appears to request mandamus relief from this Court. Relator complains that the trial court has yet to hold a pretrial conference, and asks that this Court order the district court to consider his motions, once we confirm the motions “are still existence”.

A review of the court record shows that a sanity commission has been appointed in Relator’s case and a competency hearing is scheduled for November 20, 2024. Under La. C.Cr.P. art. 642, “there can be no further steps in the criminal prosecution” of Relator until the issue of his competency has been resolved. See Jefferson Parish v. LaBranche, 23-K-496 (La. App. 5 Cir. 11/8/23) (unpublished writ disposition). Therefore, this Court is unable to grant Relator’s request for relief at this time. Id. Accordingly, the writ application is denied.

Gretna, Louisiana, this 15th day of November, 2024.

MEJ FHW SJW 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 11/15/2024 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-534 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Franz L. Zibilich (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Brian Weber #1846 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054