Opinion
2021-KK-01460
01-12-2022
STATE OF LOUISIANA v. BRIAN CLARKE
State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of St. Charles, 29th Judicial District Court Number(s) 20, 399, Court of Appeal, Fifth Circuit, Number(s) 21-K-517;
Writ application granted. See briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
Re: STATE OF LOUISIANA
v.
BRIAN CLARKE
2021-KK-1460
Dear Counsel, The Court has this day granted the writ application filed in the above-captioned case. You will be advised at a later date when the case is set on the docket.
On the basis of preliminary analysis, the Court has tentatively concluded it will be appropriate to decide this case summarily and without an authored opinion.
After more intensive study of the merits of the case, and consideration of oral argument, the Court may adhere to its tentative decision or may assign the case for an authored opinion.
With kindest regards, I remain, Very truly yours, Theresa McCarthy Second Deputy Clerk
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED January 12, 2022
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this Court's next available docket. A copy of the official docket with the specific date and time of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or relator, as the case may be, must file their briefs on or before February 7, 2022; and the respondent on or before March 2, 2022.
Oral argument will be waived if brief is untimely filed. 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, or bona fide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if received by the clerk on or before the last day of the delay for filing.
With kindest regards, I remain, Very truly yours, Theresa McCarthy Second Deputy Clerk
TM: TM
ccs: All Counsel 29th Judicial District Court: 20, 399 - Div:D Court of Appeal, Fifth Circuit: 21-K-517
On Writ of Certiorari and/or Review Twenty-ninth Judicial District Court, Parish of St. Charles, No. 20, 399; Court of Appeal, Fifth Circuit, No. 21-K-517.
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, in accordance with Supreme Court Rule 1, 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 12th day of January, in the year of our Lord, Two Thousand Twenty-Two.
Veronica O. Koclanes Clerk of Court