State of Louisiana Versus Nolan D. McGruder
CourtLouisiana Court of Appeal
Date FiledOctober 26, 2026
Docket26-K-503
JudgeRebecca M. Olivier
StatusUnknown
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Full Opinion
Fifth Circuit Court of Appeal
State of Louisiana
No. 26-K-503
STATE OF LOUISIANA
versus
NOLAN D. MCGRUDER
IN RE NOLAN D. MCGRUDER
APPLYING FOR SUPERVISORY WRIT FROM THE FIRST PARISH COURT, PARISH OF
JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE REBECCA M. OLIVIER,
DIVISION "A", No. F2281114
October 26, 2026
Panel composed of Judges Marc E. Johnson,
John J. Molaison, Jr., and Timothy S. Marcel
WRIT DENIED
The relator’s writ application, filed after the return date of October 19, 2026,
is untimely. The application shows neither an extension of the return date nor any
basis to find the relator free from fault for the delay. Under Uniform Rules –
Courts of Appeal, Rule 4-3, this Court may decline to consider an application filed
under these circumstances.
Even if the application were timely filed, we could not reach the merits of
the relator’s claims at this time. The State filed a motion to appoint a sanity
commission for the relator, which the trial court granted on September 3, 2026.
La. C.Cr.P. art. 642 provides, in part:
When the question of the defendant's mental incapacity to proceed is
raised, there shall be no further steps in the criminal prosecution,
except the institution of prosecution, until the defendant is found to
have the mental capacity to proceed.
This Court has previously applied La. C.Cr.P. art. 642 to deny relief while a
sanity commission review is pending. See State v. Weber, 24-534 (La. App. 5 Cir.
11/15/24) (unpublished disposition) (denying a pro se relator’s writ “at this time”
where a sanity commission had been appointed and a competency hearing was set);
see also State v. Nicholas, 587 So.2d 16 (La. App. 3 Cir. 1991) (once a sanity
commission is appointed, all proceedings in the prosecution should be stayed
pending the determination of the defendant’s capacity to proceed); State v. Harris,
406 So.2d 128, 134 (La. 1981) (Art. 642 mandates that no further steps in the
criminal prosecution be taken until the defendant is found to have the capacity to
proceed).
For the foregoing reasons, we deny this writ application at this time.
Gretna, Louisiana, this 26th day of October, 2026.
JJM
MEJ
TSM
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 10/26/2026 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
26-K-503
E-NOTIFIED
First Parish Court (Clerk)
Honorable Rebecca M. Olivier (DISTRICT JUDGE)
Matthew R. Clauss (Respondent)
MAILED
Nolan D. McGruder (Relator)
In Proper Person
3050 Washington Street
Kenner, LA 70065