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State ex rel. Landry v. Orleans Parish Criminal District Court, Section E

Citations: 558 So. 2d 1135; 1990 La. LEXIS 412Docket: No. 90-KH-0263

Court: Supreme Court of Louisiana; February 11, 1990; Louisiana; State Supreme Court

Narrative Opinion Summary

Alfred Landry, the relator, has applied for a writ of mandamus concerning the Orleans Parish Criminal District Court, Division E, case number 239-450. He alleges that the district court has not acted in a timely manner regarding a motion he submitted to correct an illegal sentence, purportedly filed on or around September 27, 1989. If the relator's assertion is accurate, the court is mandated to review and take action on the motion.

Legal Issues Addressed

Court's Duty to Act on Filed Motions

Application: If the relator's claim of filing the motion on or around September 27, 1989, is true, the district court is obligated to review and address the motion.

Reasoning: If the relator's assertion is accurate, the court is mandated to review and take action on the motion.

Mandamus Relief for Untimely Court Action

Application: The relator seeks a writ of mandamus due to the district court's alleged failure to act on his motion to correct an illegal sentence in a timely manner.

Reasoning: Alfred Landry, the relator, has applied for a writ of mandamus concerning the Orleans Parish Criminal District Court, Division E, case number 239-450.