State of Louisiana Versus Daniel Pugh ( 2023 )

STATE OF LOUISIANA NO. 23-KH-431 VERSUS FIFTH CIRCUIT DANIEL PUGH COURT OF APPEAL STATE OF LOUISIANA October 30, 2023 Linda Wiseman First Deputy Clerk ON APPLICATION FOR REHEARING Panel composed of Fredericka Homberg Wicker, Marc E. Johnson, and Scott U. Schlegel DENIED WITH REASONS MEJ FHW SUS JOHNSON, J. Relator seeks reconsideration of this Court’s September 14, 2023 denial of his writ application number 23-KH-431. Uniform Rules-Courts of Appeal, Rule (URCA) 2-18.7 provides as follows: 2-18.7. When Rehearing Will Be Considered An application for rehearing will be considered in cases where the court has: (A) Granted a writ application on the merits; (B) Dismissed an appeal; or (C) Ruled on the merits of an appeal. URCA Rule 4-9 provides that “Rules 2-18.1 through 2-18.7 apply to requests for rehearings related to writ applications.” Accordingly, we cannot consider Relator’s application for rehearing from the denial of his writ application. 23-KH-431 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. SCOTT U. SCHLEGEL 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 10/30/2023 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-KH-431 E-NOTIFIED 29th Judicial District Court (Clerk) Honorable Connie M. Aucoin (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Daniel Pugh #216258 (Relator) Hon. Honorable Joel T. Chaisson, II Nelson Coleman Correctional Center (Respondent) 5061 Highway 3127 District Attorney Killona, LA 70057 Twenty-Ninth Judicial District Court Post Office Box 680 Hahnville, LA 70057