State of Louisiana Versus Jacorey Davis and Malik Rodrigue ( 2023 )

STATE OF LOUISIANA NO. 23-K-159 VERSUS FIFTH CIRCUIT JACOREY DAVIS AND MALIK RODRIGUE COURT OF APPEAL STATE OF LOUISIANA March 30, 2023 Linda Wiseman First Deputy Clerk ON APPLICATION FOR REHEARING Panel composed of Marc E. Johnson, Stephen J. Windhorst, and Cornelius E. Regan DENIED WITH REASONS CER MEJ SJW REGAN, J. The State of Louisiana has filed a rehearing application asking for clarification of this Court’s ruling in this matter, State v. Davis and Rodrigue, 23- 159 (La. App. 5 Cir. 3/30/23) (unpublished writ disposition). When considering the writ application, this Court reviewed the matter before it, i.e. the denial of the Motion for Mistrial as to Mr. Davis and Mr. Rodrigue. This is a court of review, and we only address issues that were first considered by the trial court. See Uniform Rules-Courts of Appeal, Rule 1-3. The record before us does not show that the trial court has ruled on whether the trial can proceed as to another defendant in this matter. Accordingly, there was no decision on this issue for us to review, and we deny the application for rehearing. 23-K-159 1 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 03/30/2023 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-K-159 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Price Quenin (Relator) Joseph L. Perez (Relator) Paul C. Fleming, Jr. (Relator) Attorney at Law Attorney at Law Attorney at Law 848 2nd Street 848 Second Street 848 Second Street Third Floor P. O. Box 468 Third Floor Gretna, LA 70053 Gretna, LA 70054 Gretna, LA 70053 Christen DeNicholas (Relator) Attorney at Law Jefferson Parish Public Defender 848 Second Street Third Floor Gretna, LA 70053