Opinion
No. 95-C-3054
March 14, 1996
On writ to the Court of Appeal, Fifth Circuit, Number 95-CA-0381; from the 24th Judicial District Court, Parish of Jefferson, Number 375-700 Div. A, Hon. Walter J. Rothschild, presiding.
Stephen Barnett Murray, Esq. Counsel for Applicant.
Don Carsten Gardner, Esq. Michael Alexander Fenasci, Esq. FENASCI SMITH Counsel for Respondent.
IN RE: Belsome, Roland; — Other(s); Applying for Writ of Certiorari and/or Review; Parish of Jefferson 24th Judicial District Court Div. "A" Number 375-700; to the Court of Appeal, Fifth Circuit, Number 95-CA-0381.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED March 15, 1996.
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please note Section 8 of Rule VII of the Rules of this Court (as revised November 19, 1991) provides that the applicant(s) or relator(s), as the case may be, must file brief(s) within 25 days and the respondent(s) within 45 days, respectively, from the date of the granting of this writ. Briefs should be timely filed if oral argument is desired. Briefs submitted on legal sized paper should be fastened at the top. All briefs should be backed with the customary "Blueback" or other flexible material. In criminal proceedings, the Court directs that counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely filed if mailed on or before the due date. If the brief is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service made at the time of mailing which indicates the date thereof. Therefore, if your brief is sent by certified mail, you may want to send us a copy of your official receipt showing date of mailing.
Granted (See order attached).
In re Roland Belsome applying for Writ of Certiorari and/or Review No. 375-700 on the docket of the 24th Judicial District Court for the Parish of Jefferson, and No. 95-CA-0381 on the docket of the Court of Appeal, Fifth Circuit, State of Louisiana.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the Constitution of Louisiana, made and issued the following order, to-wit — "It is ordered that the writ of review issue; that the District Court and the Court of Appeal send up the record in duplicate of the case; and that counsel for all parties be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby commanded, in the name of the State of Louisiana and of this Honorable Court, to send up forthwith to this Court, at the City of New Orleans, the record in duplicate of the above entitled case.
Witness the Honorable Justices of the Supreme Court of the State of Louisiana, on this 15th day of March, in the year of Our Lord, One Thousand, Nine Hundred and Ninety-Six.