Background
Jamal Thomas sought supervisory review in a case against Sergeant David Ware and the State of Louisiana through the Louisiana Department of Public Safety and Corrections, Elayn Hunt Correctional Center.
The district court granted Thomas an appeal. It subsequently issued orders dated January 16, January 30, February 23, and April 15, 2026.
The Court’s Holding
The First Circuit granted the writ and vacated the four post-appeal orders. Once the district court granted the appeal, it no longer had jurisdiction to issue those orders.
The court relied on Louisiana Code of Civil Procedure article 2088 and remanded the matter. It directed the district court to proceed with lodging the appellate record with the First Circuit under its order granting the appeal.
Key Takeaways
- A district court loses jurisdiction to issue orders after granting an appeal, subject to the limits of Louisiana Code of Civil Procedure article 2088.
- Orders issued after the appeal was granted were vacated.
- The district court must lodge the appellate record so the appeal can proceed.
Why It Matters
The decision underscores that the grant of an appeal shifts authority over the case to the appellate process. Trial courts should ensure the record is timely lodged rather than continue issuing orders outside their post-appeal jurisdiction.