State of Louisiana Versus Clevern Granger ( 2023 )

STATE OF LOUISIANA NO. 23-KH-38 VERSUS FIFTH CIRCUIT CLEVERN GRANGER COURT OF APPEAL STATE OF LOUISIANA March 06, 2023 Linda Wiseman First Deputy Clerk ON APPLICATION FOR REHEARING Panel composed of Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson REHEARING NOT CONSIDERED JGG FHW RAC GRAVOIS, J. Relator, Clevern Granger, filed an Application for Rehearing in this Court in the above-captioned writ application on or about February 27, 2023 from a disposition from this Court denying said writ application, dated February 1, 2023. For the following reasons, IT IS ORDERED that the Application for Rehearing is HEREBY NOT CONSIDERED. The Application for Rehearing is untimely as per Uniform Rules, Courts of Appeal (“URCA”), Rule 4-9 (“Rule 2-18 shall apply to requests for rehearing related to writ applications.”), and Rule 2-18.2 (“(1) In cases governed by the Code of Criminal Procedure, an application for rehearing shall be filed with the clerk on or before fourteen days after the rendition of the judgment. … (3) No extension of time for filing an application for rehearing shall be granted.”). [Emphasis added.] Further, the Application for Rehearing is not considered as per URCA Rule 4-9 and Rule 2-18.7 “(An application for rehearing shall be considered only in cases where the court has: (1) Granted a writ application on the merits; (2) Dismissed an appeal; or (3) Ruled on the merits of an appeal.”) [Emphasis added.], as this Court’s February 1, 2023 disposition denied the above-captioned writ application. SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 03/06/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 23-KH-38 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Frank A. Brindisi (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Clevern Granger #587600 (Relator) Dixon Correctional Institute Post Office Box 788 Unit-2 Dorm Jackson, LA 70748