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States ex rel. Charles v. 32nd Judicial District Court, Parish of Terrebonne

Citations: 661 So. 2d 455; 1995 La. LEXIS 2294Docket: No. 94-KH-2512

Court: Supreme Court of Louisiana; October 6, 1995; Louisiana; State Supreme Court

Narrative Opinion Summary

Writ granted in the case of In re Charles, Clyde Alton, with the Court of Appeal, First Circuit, remanding the matter to the 32nd Judicial District Court, Div. D, Parish of Terrebonne. The district court is instructed to grant the relator's motion to expunge and to enter an appropriate order as mandated by R.S. 44:9(C). The citation references State v. Savoie, 92-1586 (La. 5/23/94, 637 So.2d 408).

Legal Issues Addressed

Expungement under R.S. 44:9(C)

Application: The court applied the statute by instructing the district court to grant the motion to expunge the records of the relator.

Reasoning: The district court is instructed to grant the relator's motion to expunge and to enter an appropriate order as mandated by R.S. 44:9(C).

Writ of Mandamus

Application: The writ was granted by the Court of Appeal, compelling the lower court to take a specific action regarding the expungement request.

Reasoning: Writ granted in the case of In re Charles, Clyde Alton, with the Court of Appeal, First Circuit, remanding the matter to the 32nd Judicial District Court, Div. D, Parish of Terrebonne.