Narrative Opinion Summary
In re Cook, Lloyd involves a plaintiff seeking a writ of mandamus from the Criminal District Court of Orleans Parish. The court granted the writ solely to transfer the plaintiff’s application for post-conviction relief, initially filed around September 20, 1989, to the district court. The transfer includes instructions for the trial judge to act on the application. If the application was not previously received by the district court, it is mandated to accept, file, and proceed with the application.
Legal Issues Addressed
Jurisdiction Over Post-Conviction Relief Applicationssubscribe to see similar legal issues
Application: The court mandates that the district court must accept and proceed with the plaintiff's application for post-conviction relief if it was not previously received.
Reasoning: If the application was not previously received by the district court, it is mandated to accept, file, and proceed with the application.
Writ of Mandamussubscribe to see similar legal issues
Application: The court grants a writ of mandamus to compel the district court to take action on a plaintiff's application for post-conviction relief.
Reasoning: The court granted the writ solely to transfer the plaintiff’s application for post-conviction relief, initially filed around September 20, 1989, to the district court.