Khalid Ataya Versus Nisa Suanphairin

Louisiana Court of Appeal·Decided March 11, 2022·No. 22-C-94·Unknown

Opinion

KHALID ATAYA NO. 22-C-94

VERSUS FIFTH CIRCUIT

NISA SUANPHAIRIN COURT OF APPEAL

STATE OF LOUISIANA

March 11, 2022

Susan Buchholz First Deputy Clerk

IN RE NISA SUANPHAIRIN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 760-773

Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and Hans J. Liljeberg

WRIT GRANTED

Relator Nisa Suanphairin seeks supervisory review of a February 24, 2022

judgment of the district court denying her motion to stay a January 14, 2022

order from the Domestic Commissioner for the 24th Judicial District Court that

granted a motion for contempt filed by respondent Khalid Ataya and ordered

relator’s “immediate imprisonment at the Jefferson Parish Jail for a period of

ninety (90) days without the possibility of parole, probation, or early release.” In

a separate pleading, relator has also appealed the February 24, 2022 judgment of

the district court that made final the Domestic Commissioner’s January 14, 2022

order and dismissed relator’s objection to the same.

We construe relator’s application as a request to this Court to stay the

execution of her 90-day jail sentence for contempt, pending final determination of

the merits of her appeal. On the showing made, we grant relator’s request and stay

the execution of relator’s 90-day jail sentence for contempt, pending final

22-C-94 determination of the merits of her appeal. This stay pertains only to relator’s 90-

day jail sentence for contempt in this matter and shall have no effect on any other

sentences relator may be concurrently serving or upon any bond obligation

imposed upon relator for other criminal charges.

Gretna, Louisiana, this 11th day of March, 2022.

RAC FHW HJL

2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. 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 03/11/2022 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:

22-C-94 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) Richard L. Ducote (Relator) Jeffrey M. Hoffman (Respondent) Victora McIntyre (Relator) Gordon J. Kuehl (Respondent)

MAILED

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