Opinion
23-K-159
03-30-2023
STATE OF LOUISIANA v. JACOREY DAVIS AND MALIK RODRIGUE
ON APPLICATION FOR REHEARING
Panel composed of Marc E. Johnson, Stephen J. Windhorst, and Cornelius E. Regan
DENIED WITH REASONS
CER
MEJ
SJW
REGAN, J.
The State of Louisiana has filed a rehearing application asking for clarification of this Court's ruling in this matter, State v. Davis and Rodrigue, 23159 (La.App. 5 Cir. 3/30/23) (unpublished writ disposition). When considering the writ application, this Court reviewed the matter before it, i.e. the denial of the Motion for Mistrial as to Mr. Davis and Mr. Rodrigue. This is a court of review, and we only address issues that were first considered by the trial court. See Uniform Rules-Courts of Appeal, Rule 1-3. The record before us does not show that the trial court has ruled on whether the trial can proceed as to another defendant in this matter. Accordingly, there was no decision on this issue for us to review, and we deny the application for rehearing.