Opinion
NO. 2016 KW 1621
02-21-2017
STATE OF LOUISIANA v. TYSON McNICKLES
In Re: Tyson McNickles, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1502914. BEFORE: PETTIGREW, McDONALD, AND CALLOWAY, JJ.
WRIT NOT CONSIDERED. Relator failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rules 2-13 and 4-3, as he failed to timely file his writ application by the return date set by the trial court, and failed to provide this Court with a timely filed extension to the return date order. Relator's motion to suppress was denied on March 29, 2016. On April 27, 2016, relator filed a written notice of intent and request for a return date, and the trial court set the return date as May 27, 2016. On October 24, 2016, relator filed a request for an extension of the return date. The trial court granted the motion and allowed relator an additional 60 days to file his writ application. Relator filed his application on December 14, 2016. However, relator failed to provide any documentation to this Court that his original return date was properly extended to October 24, 2016. Thus, the writ application filed on December 14, 2016, appears to be untimely. 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 relator elects to file a new application with this Court, the application must be filed on or before March 20, 2017. Any future filing on this issue should include the entire contents of this application, the missing item(s) noted above, and a copy of this ruling.
JTP
JMM
CAC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.