would grant the writ. The Court of Appeal, Fifth Circuit, should have given merits consideration to relator’s filing, however captioned. City of New Orleans v. Ballansaw, 475 So.2d 768 (La. 1985); State v. Banks, 444 So.2d 1243, 1244 (La. 1984); see also Kosmitis v. Bailey, 96-1573, p. 2 (La.10/4/96), 680 So.2d 1167, 1168.

In re Stubbs, Derek T.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 1206342; to the Court of Appeal, Fifth Circuit, No. 00-KH-1276.

Denied.