Opinion
NO. 2018 KW 1643
02-08-2019
STATE OF LOUISIANA v. CRAIG P. SCHWARTZENBERG
In Re: Craig P. Schwartzenberg, applying for supervisory writs, Port Allen City Court, Parish of West Baton Rouge, No. 2018-KS-01913. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED IN PART AND DENIED ON THE SHOWING MADE IN PART. We decline to consider relator's claim that the City Court of Port Allen was not legally created because this claim is not properly before us at this time, as there is no evidence that this claim was presented to the lower court first. See State v. Hatton, 2007-2377 (La. 7/1/08), 985 So.2d 709. Relator's representations that the city court lacked jurisdiction over his case and the city failed to properly institute prosecution are denied on the showing made, as relator failed to include sufficient documentation, such as the transcripts and city court minutes from the pretrial and trial proceedings, to support these claims. 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 March 10, 2019. 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. Furthermore, relator's constitutional challenge to the "City Court of Port Allen, Louisiana Judicial Expense Fund" is denied on the showing made, as there is insufficient evidence before this court to render a decision on the matter. Moreover, in regards to this claim, this court will not consider any evidence that was not first presented to the city court.
TMH
VGW
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT