You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

State ex rel. Matthews v. McKay

Citations: 547 So. 2d 1319; 1989 La. LEXIS 2112; 1989 WL 106557Docket: No. 89-KH-2066

Court: Supreme Court of Louisiana; September 15, 1989; Louisiana; State Supreme Court

Narrative Opinion Summary

Relator Lawrence Matthews filed an application for a supervisory and/or remedial writ in the Parish of Orleans, Criminal District Court, Division H, concerning case numbers 228-661 and 225-593. Matthews asserts that the district court has not timely addressed his motion to correct what he alleges is an illegal sentence, which he claims to have submitted around August 22, 1988. If the district court's inaction is confirmed, it is ordered to review and respond to the motion.

Legal Issues Addressed

Application for Supervisory and Remedial Writs

Application: The relator, Lawrence Matthews, filed an application for supervisory and/or remedial writs in the criminal district court to address a procedural issue.

Reasoning: Relator Lawrence Matthews filed an application for a supervisory and/or remedial writ in the Parish of Orleans, Criminal District Court, Division H, concerning case numbers 228-661 and 225-593.

Judicial Obligation to Address Filed Motions

Application: The court is ordered to review and respond to Matthews' motion if it is confirmed that there has been no action taken on his filing.

Reasoning: If the district court's inaction is confirmed, it is ordered to review and respond to the motion.

Timeliness of Court's Response to Motion

Application: Matthews claims that the district court has failed to timely address his motion to correct an alleged illegal sentence, necessitating judicial intervention.

Reasoning: Matthews asserts that the district court has not timely addressed his motion to correct what he alleges is an illegal sentence, which he claims to have submitted around August 22, 1988.