DUANE A. ANTOINE NO. 24-K-628 VERSUS FIFTH CIRCUIT STEPHEN C. GREFER COURT OF APPEAL STATE OF LOUISIANA

January 06, 2025 Linda Wiseman First Deputy Clerk

IN RE DUANE A. ANTOINE APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.

GREFER, DIVISION "J", NUMBER 23-5010

Panel composed of Judges John J. Molaison, Jr., Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED The relator/defendant, Duane Antoine, filed the instant pro se pleading, captioned as a writ of mandamus, which appears to seek a review of the trial court’s November 13, 2024, denial of his motion to quash. According to a minute entry in the writ application, the court set the relator’s trial for January 13, 2025, with appointed counsel representing him.

The relator’s application does not contain a notice of intent as required by Uniform Rules, Courts of Appeal, Rule 4-2, and it does not show that a return date was set by the trial court, as required by Uniform Rules, Courts of Appeal, Rule 4- 3. Also, the relator filed this writ application more than 30 days after the November 13, 2024, ruling, as demonstrated by the December 20, 2024 postmark on his filing. We note that the minute entry from November 13, 2024, shows that the relator was present in court when the court denied his motion to quash. The writ application is untimely under Uniform Rules, Courts of Appeal, Rule 4-3.

On the showing made, we deny the relator’s writ application. If convicted, the relator will have an adequate remedy on appeal.

Gretna, Louisiana, this 6th day of January, 2025.

JJM 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 01/06/2025 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-628 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Duane A. Antoine #1002226170 (Relator) Jefferson Parish Correctional Center P. O. Box 388 Gretna, LA 70054