Opinion
NO. 2018 CW 1500
02-15-2019
PRESTON G. DEMOUCHETTE, JR. v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Preston G. Demouchette, Jr., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. C-671314. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT DENIED. Relator, Preston G. Demouchette, Jr., has not demonstrated that this court has jurisdiction to decide his Petition for Nullity of Judgment filed with this court on October 12, 2018, as it does not appear that this pleading was filed first with the trial court.
AHP
MRT
Guidry, J., dissents and would not consider the writ. Relator, Preston G. Demouchette, Jr., failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rule 4-5(A) in that Demouchette's writ application does not contain an affidavit verifying the allegations of the application. Further, non-exclusively, the writ application is deficient under Rule 4-5(C)(8) in that no copy of the pleadings on which the judgment or order is founded; Rule 4-5(C)(9) in that there is no opposition or statement that no opposition was filed; Rule 4-5(C)(10) in that no court minutes are included in the application; and Rule 4-5(C)(11) in that no notice of intent or return date order is included in the application. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT