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State ex rel. Renard v. Shea

Citations: 619 So. 2d 538; 1993 La. LEXIS 1884; 1993 WL 190596Docket: No. 93-KH-1362

Court: Supreme Court of Louisiana; June 4, 1993; Louisiana; State Supreme Court

Narrative Opinion Summary

In re Renard, Merlin involves a plaintiff seeking supervisory and/or remedial writs from the Parish of Orleans, Criminal District Court, Div. G, case number 264-958. The relator claims that the district court has not acted promptly on an application for post-conviction relief submitted around April 7, 1993. If the relator's assertion is accurate, the district court is mandated to review and respond to the application. Chief Justice Calogero is noted as not being on the panel for this decision.

Legal Issues Addressed

Duty of District Court to Act on Post-Conviction Relief Applications

Application: The relator asserts that the district court has failed to act promptly on an application for post-conviction relief, which mandates a response from the court if the assertion is correct.

Reasoning: If the relator's assertion is accurate, the district court is mandated to review and respond to the application.

Judicial Oversight through Supervisory and Remedial Writs

Application: The plaintiff seeks supervisory and/or remedial writs to compel the district court to act on the pending application, demonstrating the mechanism for judicial oversight when lower courts delay action.

Reasoning: In re Renard, Merlin involves a plaintiff seeking supervisory and/or remedial writs from the Parish of Orleans, Criminal District Court, Div. G, case number 264-958.