Opinion
2022 KW 0049
02-25-2022
STATE OF LOUISIANA v. JASON ACREE
In Re: Jason Acree, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 44, 106.
BEFORE: WHIPPLE, C.J., HOLDRIDGE AND PENZATO, JJ.
WRIT NOT CONSIDERED AND REQUEST FOR ORAL ARGUMENT DENIED.
Counsel failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rules 4-5 (C)(8) and (C)(9), by failing to include the bill of information containing the charged offenses and by failing to note in the text of the writ application that no opposition was filed. The party seeking relief is responsible for filing and attaching all documents and exhibits in connection with an application for writs. See Uniform Rules of Louisiana Courts of Appeal, Rule 4-1. Although it is not a rule violation, this court cannot review the ruling at issue herein as counsel failed to include a copy of the motion to suppress transcript and a copy of any exhibits introduced at the hearing. See City of Baton Rouge v. Plain, 433 So.2d 710 (La.), cert. denied, 464 U.S. 896, 104 S.Ct. 246, 78 L.Ed.2d 235 (1983). In addition, a request for oral argument must be in the form of a motion or a letter. A request made within a party's writ application will not suffice. See Uniform Rules of Louisiana Courts of Appeal, Rule 2-11.4. Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. In the event counsel elects to file a new application with this court, the application shall be filed on or before March 29, 2022, and should comply with the requirements of Rule 4-4 concerning requests for expedited consideration. Any future filing should also include the entire contents of this application, the missing items noted above, and a copy of this ruling.
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