Opinion
NO. 2015 KW 0146
03-09-2015
STATE OF LOUISIANA v. MARK OSTARLY
In Re: Mark Ostarly, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, Nos. 473624/5. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.
WRIT NOT CONSIDERED. Relator failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rules 4-3 and 4-5(C)(11), by failing to include documentation of a timely request for a return date. Relator failed to comply with Rule 4-5(A), by failing to include in the affidavit the telephone numbers of the judge and opposing counsel and opposing counsel's name. Relator failed to comply with the page-numbering requirements of Rule 4-5(B). Relator also failed to comply with Rule 4-5(C)(9) and (10), by failing to include a statement that there is no opposition to the writ, and the pertinent court minutes. Although it is not a violation of the Uniform Rules, we note that relator failed to include a copy of the guilty plea and sentencing transcripts and a copy of any exhibits introduced at the hearings. 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). Accordingly, this Court cannot adequately review the trial court's ruling herein. 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 shall be filed on or before April 7, 2015. Any future filing on this issue should include the entire contents of this application, the missing items noted above, and a copy of this ruling.
JMG
JEW
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT