concurs in part and dissents in part for the reasons assigned in Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

In re Allen, Tyrone; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 92-5998; to the Court of Appeal, Fifth Circuit, Nos. 93-KA-844, 97-KH-331.

Granted. Pursuant to this Court’s order in State v. Cordero, 08-KH-1717 (La.10/3/08), 993 So.2d 203, the application is transferred to the Fifth Circuit Court of Appeal to address according to the procedures adopted by the court in its en banc order of September 9, 2008.