Opinion
No. 98-C-0483
April 3, 1998
IN RE: Abdelsalam, Khaled d/b/a; Magic Mart #1; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA97-0672; Parish of Rapides 9th Judicial District Court Div. "A" Number 175,056.
Denied. Untimely.
JPV
WFM
CDK
BJJ
CDT
JTK
LEMMON, J. not on panel.
The applicant asserts that his filing is timely. He refers to a suggestion, purportedly from this Court's clerk's office, that his filing is timely if he "submits the writ application without argument section and simultaneously files a Motion for Leave of Court to supplement the writ application." That procedure is akin to the following. If an incomplete, or sparse writ application is filed in this Court within the time limit afforded in Rule X Section 5 of the Louisiana Rules of Court, we have traditionally respected it as a timely application and have treated it such and allowed additional time within which to supplement that filing. See State v. Sandra Hall, 97-KO-3701 (La. 1997). That circumstance is distinguishable from the instant case, however, in which the outset filing by the applicant in this Court was effectuated on the 47th day after the court of appeal decision was rendered in violation of Rule X Section 5.