BRISCOE v. STATE (2022)

WRIT GRANTED

In this pro se writ application, relator, Shawn J. Briscoe, seeks a writ of mandamus to compel the district court to rule on his motion to suppress evidence, which was filed on or about March 1, 2021, in the Twenty-Fourth Judicial District Court, Division “H,” case number 16-5524.

The official record in this case indicates that relator's motion to suppress evidence was set for hearing on January 31, 2022, and ordered continued to March 10, 2022. There is no indication, however, that a hearing was actually held on March 10, 2022, or that the district court has ruled on relator's motion. The trial of this matter is currently set for May 16, 2022.

Based on the foregoing, we grant relator's writ application and order the judge in Division “H” of the Twenty-Fourth Judicial District Court—to the extent that he has not already done so—to set relator's motion to suppress evidence for hearing and to issue a ruling thereon within thirty (30) days from the date of this writ disposition, and to mail a copy of his ruling to this Court and to relator, Shawn J. Briscoe #137596, at Jefferson Parish Correctional Center, 4BL 1-A, P.O. Box 388, Gretna, Louisiana 70053.

Gretna, Louisiana, this 18th day of March, 2022.