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 App. 5 Cir. 11/15/24) (unpublished disposition) (denying a pro se relator’s writ “at this time” where a sanity commission had been appointed and a competency hearing was set); see also State v.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