State of Louisiana Versus Zannie Neal

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STATE OF LOUISIANA NO. 24-KH-48

VERSUS FIFTH CIRCUIT

ZANNIE NEAL COURT OF APPEAL

STATE OF LOUISIANA

March 12, 2024

Susan Buchholz Chief Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO, III, JUDGE AD HOC, AND HONORABLE GLENN B. ANSARDI, JUDGE PRO TEMPORE DIVISION "D", NUMBER 98-3238

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Timothy S. Marcel

WRIT GRANTED

Relator, the State of Louisiana, seeks review of the trial court’s December 21, 2023 order that granted the motion for appeal filed by Defendant, Zannie Neal. According to Defendant’s “Motion for Appeal and Designation of Record,” Defendant is attempting to appeal the trial court’s December 5, 2023 order that denied his second or subsequent application for post-conviction relief. However, there is no right of appeal from a judgment denying post-conviction relief; the proper procedure for this claim is by application for supervisory writ. State v. Johnson, 98-650 (La. App. 5 Cir. 2/10/99), 729 So.2d 55, 56.

Therefore, we find that the trial court erred by granting Defendant’s motion for appeal. Accordingly, we grant the writ application, vacate the trial court’s December 22, 2023 order that granted Defendant’s motion for appeal, and reserve Defendant’s right to file a proper application for supervisory writs in compliance with Uniform Rules—Courts of Appeal, Rule 4-3.

Gretna, Louisiana, this 12th day of March, 2024.

MEJ SMC TSM

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

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 03/12/2024 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:

24-KH-48 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Joseph A. Marino, III (DISTRICT JUDGE) Honorable Glenn B. Ansardi (DISTRICT JUDGE) Eddie J. Jordan, Jr. (Respondent) Thomas J. Butler (Relator) Juliet L. Clark (Relator)

MAILED Honorable Paul D. Connick, Jr. (Relator) District Attorney Twenty-Fourth Judicial District 200 Derbigny Street Gretna, LA 70053