STATE OF LOUISIANA v. IN RE CORNELIUS ELLIS SR (2023)

WRIT GRANTED IN PART; JUDGMENT VACATED; REMANDED

The relator, Cornelius Ellis, seeks review of the trial court's October 11, 2023 judgment that denied his “Motion To Correct An Illegal Sentence.” After the relator had filed the instant writ application, the trial court granted the relator's counseled motion for appeal on November 29, 2023. A copy of the order is attached. Based upon the current procedural posture, we find that the relator's Motion to Correct an Illegal Sentence was prematurely filed. The relator may now raise the issue of an illegal sentence on direct appeal.

Accordingly, the judgment of October 11, 2023 is vacated. We remand the matter to the district court with instructions to correct the relator's name on the order granting the appeal.

Gretna, Louisiana, this 1st day of December, 2023.

JJM

SMC

JGG

24th JUDICIAL DISTRICT COURT FOR THE PARISH OF JEFFERSON

STATE OF LOUISIANA

NO. 17-07016

DIVISION “D

STATE OF LOUISIANA

VERSUS

CORNELIUS ELLIS

ORDER

Considering the foregoing Motion,

IT IS HEREBY ORDERED, that an Appeal is granted, returnable to the Fifth Circuit Court of Appeal, State of Louisiana on or before the 12th day of FEBRUARY, 2024 IT IS FURTHER ORDERED, that the Clerk of this Court, lodge, in the Fifth Circuit Court of Appeal, the entire record of these proceedings, including, but not limited to all Pre-Trial, Trial, and Post Trial proceedings and testimony in connection therewith,

IT IS FURTHERE ORDERED that the Assignment of Errors be filed herein within 30 days after the Attorney for the defendant receives the transcript of these proceedings, but not later than 5 days prior to the return set.

IT IS FURTHER ORDERED that the trial counsel, Jerome Matthews, be allowed to withdraw from these proceedings.

IT IS FURTHER ORDERED, that the Louisiana Appellate Project is appointed to represent Timmy Doucet fort the purposes of this Appeal. The Clerk is directed to notify the Louisiana Appellate Project of this appointment.

Gretna, Louisiana, this 29th day of NOVEMBER, 2023.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing document has been served upon the prosecution by placing same in the United States mail, properly addressed and postage prepaid, or by hand delivery in open court, on this 5th day of December, 2023.

Jerome W. Matthews, Jr. (La. Bar No, 33964)

The Law Firm of Jerome W. Matthews, Jr., L.L.C.

310 Huey P Long Ste 104

Gretna, LA 70053

Telephone: (504) 247-6411

e-mail:Jerome@jeromematthews.com

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

ROBERT A. CHAISSON

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

SCOTT U. SCHLEGEL JUDGES

CURTIS B. PURSELL CLERK OF COURT

SUSAN S. BUCHHOLZ CHIEF DEPUTY CLERK

LINDA M. WISEMAN FIRST DEPUTY CLERK

MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

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 12/01/2023 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:

CURTIS B. PURSELL CLERK OF COURT

23-KH-542

E-NOTIFIED

24th Judicial District Court (Clerk)

Hon. Joseph A. Marino, III (DISTRICT JUDGE)

Thomas J. Butler (Respondent)

MAILED

Cornelius Ellis, Sr. #347116 (Relator)

Raymond Laborde Correctional Center

1630 Prison Road

Cottonport, LA 71327