State of Louisiana v. Ernest Day ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 KW 0760
VERSUS
ERNEST DAY AUGUST 9, 2023
In Re: Ernest Day, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
1473F2023.
BEFORE : McCLENDON, HESTER, AND MILLER, Jd.
STAY DENIED. WRIT NOT CONSIDERED. Counsel 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 and the return date. Counsel also
failed to include a copy of the district court’s ruling, the
pertinent court minutes, and all the bills of information.
Although it is not a violation of the Uniform Rules, we note
that counsel failed to include a copy of a trial 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). 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. Any future filing on the issue
presented herein should include the entire contents of this
application, the missing items noted above, and a copy of this
ruling.
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COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT