STATE OF LOUISIANA NO. 25-KH-354 VERSUS FIFTH CIRCUIT CHERI HAYDEN COURT OF APPEAL STATE OF LOUISIANA

August 20, 2025 Linda Tran First Deputy Clerk

IN RE CHERI HAYDEN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D.

ENRIGHT, JR., DIVISION "N", NUMBER 08-1709

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Marc E. Johnson

WRIT DENIED Relator, Cheri Hayden, seeks review of the trial court’s July 30, 2025 ruling that granted the motion for stay filed by Respondent, the State of Louisiana. The ruling stayed all proceedings in the district court, which included a stay of any bail proceedings, pending the Louisiana Supreme Court’s review of the State’s writ application from Hayden v. Boutte, 22-244 (La. App. 5 Cir. 7/2/25), --- So.3d ---, 2025 WL 1825998, on remand. Relator argues that the trial court unconstitutionally stayed this Court’s decree in the Hayden case, and it abused its discretion in issuing the order by failing to apply the stay factors. She contends that the stay has ultimately denied her constitutional rights to bail consideration.

Considering La. C.Cr.P. art. 930.6(B)1 in conjunction with Uniform Rules— Courts of Appeal, Rule 4-4, we find that the trial court did not abuse its discretion in

Prior to the August 1, 2025 effective date of the legislative amendment that repealed La. C.Cr.P. art. 930.6(C), Subsection C stated: “Pending the state’s application for writs, or pending the state’s appeal, the district court or the court of appeal may stay the judgment granting relief.” As amended, La. C.Cr.P. art. 930.6(B) now states: “The

25-KH-354 granting a stay pending review of the State’s writ application by the Louisiana Supreme Court. See, Hayden v. Boutte, 23-349 (La. App. 5 Cir. 8/9/23), writ denied, 23-1159 (La. 4/3/24). Because this Court’s ruling that granted Relator post- conviction relief is not final, we further find that Relator is not entitled to a post- conviction relief bail hearing. See, Id., citing La. C.Cr.P. art 922.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 20th day of August, 2025.

MEJ SMC JGG

district attorney and the attorney general shall have a right to suspensively appeal any order granting post conviction relief.” Subsection (C) was in effect at the time of the district court’s ruling.

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. TRAN 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 08/20/2025 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:

25-KH-354 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE) Darren A. Allemand (Respondent) Jee Y. Park (Relator) Thomas J. Butler (Respondent) MAILED Honorable Paul D. Connick, Jr. (Respondent) District Attorney Twenty-Fourth Judicial District Derbigny Street Gretna, LA 70053