Whether the commutation of Petitioner's sentence to time-served ending his state custody before his pending federal habeas corpus application was adjudicated on the merits, and before appellant brief was filed, Petitioner's federal public defender unilaterally filed a motion to dismiss his appeal based on false news reports that Petitioner had been pardoned by the Governor of Louisiana rendering the appeal moot, terminates or suspends federal habeas corpus jurisdiction and a motion to recall the mandate should be granted, so as to not defeat Petitioner's appeal of his illegal state court alleged conviction where Petitioner never pled guilty from proceeding to a final disposition in accord with the ordinary procedures for Judicial Review?

QUESTION PRESENTED A Louisiana Executive Pardon of a felony sentence erases the criminal history and restores civil rights and liberties to a party. An Executive Commutation of a party’s felony sentence only: : 1.) shortens the length or severity of the sentence; 2.) leaves a full criminal record history on file, and; | 3.) disables that party from enjoying civil and social liberties subjecting such a party to prejudices for a lifetime due to a felony conviction. 1 . The question presented is: 1. Whether the commutation of Petitioner’s sentence to time-served ending his state custody before his pending federal habeas corpus application was adjudicated on the merits, and before appellant brief was filed, Petitioner's federal public defender unilaterally filed a motion to dismiss his appeal based on false news reports that Petitioner had been pardoned by the Governor of Louisiana rendering the appeal moot, terminates or suspends federal habeas corpus jurisdiction and a motion to recall the mandate should be granted, so as to not defeat Petitioner’s appeal of his illegal state court alleged conviction where Petitioner never pled guilty from proceeding to a final disposition in accord with the ordinary procedures for Judicial Review? a y i RELATED CASES The following are cases of Petitioner’s co-defendants and related to this case arising from the same trial court within the meaning of this Rule 14.1(b)(iii): STATE v. RAMSEY, No. 54052, 292 So.2d 708 (La. Sup. Ct. March 25, 1974); Louisiana Supreme Court ruled La. C. Cr. Proc. Art. 817 unconstitutional, as the legislature cannot divest the Governor of his constitutional powers by , depriving the Governor of his right to commute sentences, an elementary and : fundamental concept taught in high school civic classes. 1 HAYES v. MAGGIO, No. 82-3163, 699 F.2D 198 (5th Cir. March 10, 1983). In this case the Fifth Circuit held “... that a mistake has been committed.” REVERSED AND REMANDED. ii