Opinion
No. 2022-C-01475.
02-07-2023
Applying for Reconsideration, Parish of East Baton Rouge, 19th Judicial District Court Number(s) C703353, Court of Appeal, First Circuit, Number(s) 2021 CA 1437.
Application for reconsideration not considered. See Louisiana Supreme Court Rule IX, § 6.
Weimer, C.J., concurs and assigns reasons.
Hughes, J., would grant.
Genovese, J., concurs in the result.
WEIMER, C.J., concurring.
Although I previously voted to grant and docket the writ application so this court, after briefing and argument, could fully consider the significant legal issue presented, I am compelled to follow Supreme Court Rule IX, § 6, which provides that an application for rehearing will not be considered from a writ denial.
An application for rehearing will not be considered when the court has merely granted or denied an application for a writ of certiorari or a remedial or other supervisory writ, ....
Finality counsels in favor of such a rule. The court has very rarely departed from this rule and when it has, the circumstances have been extraordinary.