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State ex rel. Cummings v. 34th Judicial District Court, Parish of St. Bernard

Citations: 523 So. 2d 1347; 1988 La. LEXIS 1164Docket: No. 88-KH-0972

Court: Supreme Court of Louisiana; May 10, 1988; Louisiana; State Supreme Court

Narrative Opinion Summary

James Cummings filed for a writ of mandamus and supervisory or remedial writ in the 34th Judicial District Court of St. Bernard Parish (Case Nos. 28009, 28010, and 28011). Cummings claims that the district court has not acted promptly on his application for post-conviction relief. If his assertion is accurate, the court is directed to review and take appropriate action on the application.

Legal Issues Addressed

Court's Obligation upon Valid Assertion

Application: If the petitioner's claim of delay is found to be valid, the court must proceed to review and take appropriate action on the application.

Reasoning: If his assertion is accurate, the court is directed to review and take appropriate action on the application.

Judicial Duty to Act Promptly on Post-Conviction Relief

Application: The district court is required to review and act on applications for post-conviction relief in a timely manner.

Reasoning: Cummings claims that the district court has not acted promptly on his application for post-conviction relief.

Mandamus Relief

Application: The petitioner seeks a writ of mandamus to compel action by the district court on his application for post-conviction relief.

Reasoning: James Cummings filed for a writ of mandamus and supervisory or remedial writ in the 34th Judicial District Court of St. Bernard Parish.