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State v. Franklin

SUPREME COURT OF LOUISIANA
Jan 14, 2020
No. 2019-KK-01454 (La. Jan. 14, 2020)

Opinion

No. 2019-KK-01454

01-14-2020

STATE OF LOUISIANA v. ALBERT FRANKLIN


ON SUPERVISORY WRIT TO THE 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE CRICHTON, J., additionally concurs and assigns reasons:

I agree with the per curiam in granting reconsideration, vacating the district court's ruling, and remanding. I write separately to acknowledge - and reiterate - my view that, while Supreme Court Rule IX, §6 prohibits reconsideration of a prior writ denial, an exception to this rule must exist in order to further the interest of justice in certain extraordinary circumstances where good cause is shown. See also Harris v. Am. Home Assurance Co., 2018-589 (La. 8/31/18), 251 So. 3d 397, 398 (Crichton, J., would grant reconsideration); Marable v. Empire Truck Sales of La., LLC, 2017-1469 (La. 11/17/17), 230 So.3d 212 (Crichton, J., would grant reconsideration). Such good cause has been shown here, and I therefore conclude the extraordinary circumstances at hand require that this internal operations rule yield in the interest of justice.


Summaries of

State v. Franklin

SUPREME COURT OF LOUISIANA
Jan 14, 2020
No. 2019-KK-01454 (La. Jan. 14, 2020)
Case details for

State v. Franklin

Case Details

Full title:STATE OF LOUISIANA v. ALBERT FRANKLIN

Court:SUPREME COURT OF LOUISIANA

Date published: Jan 14, 2020

Citations

No. 2019-KK-01454 (La. Jan. 14, 2020)