STATE v. DURNING (2023)

Relator, Joseph Durning, seeks mandamus relief that would order the district court to rule on his pro se Writ of Habeas Corpus, pro se Motion for Release Without Bail Pending Trial, “Protective Order Art. 320,” and counseled motions to suppress. A review of the official record reflects that the trial court has previously ruled upon and denied relator's pro se Writ of Habeas Corpus and his counseled motions to suppress. Further, the official record reflects that the only protective order filed in this matter was filed and granted on August 26, 2022. Therefore, any mandamus relief sought to order the trial court to rule on those issues is denied as moot.

However, a review of the record reflects that the trial court has not yet ruled upon relator's pro se Motion for Release Pending Bail. Accordingly, we grant this writ application for the limited purpose of transferring it to the 24th Judicial District Court. The district court is hereby ordered to rule on relator's “Motion for Release Without Bail Pending Trial” if it has not already done so, and to further provide a copy of its ruling to relator and to this Court.

WRIT GRANTED IN PART FOR LIMITED PURPOSE; DENIED IN PART; REMANDED