State Of Louisiana v. Bryant Vaughn ( 2019 )


Menu:
  •                                      STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    STATE         OF   LOUISIANA                                                                                  NO.       2019      KW        0890
    VERSUS
    BRYANT         VAUGHN                                                                                          AUG A 4 2019
    In     Re:            Bryant                Vaughn,                   applying               for         supervisory                        writs,
    Ascension                      Parish            Court,            Parish              of        Ascension,                  No.
    577210.
    BEFORE:               McCLENDON,                  WELCH,              AND    HOLDRIDGE,                JJ.
    WRIT         NOT           CONSIDERED.                       Counsel           failed          to     include            a     copy          of
    the     photographs                       introduced                  by     the        State         and      considered
    by     the
    court         at      trial.               Therefore,                  this       court           cannot          adequately                review
    the     trial           court'         s        judgment.                  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);              La.        Code       Crim.       P.       art.        912. 1( C)(         1).          The
    writ         application                   is        not        properly              bound,          and      counsel            failed              to
    include            the     telephone                  numbers               of    opposing             counsel           and      the         judge
    in     the         affidavit.                        See         Uniform           Rules          of     Louisiana                Courts              of
    Appeal,            Rule        4-    5( A) & (            B).     Counsel failed to                          comply       with Uniform
    Rules          4- 2       and         4- 3,          by         failing to include                           documentation                       of    a
    timely          request               for        an        extension     May       of    the          original                        24,         2019
    return         date.                Counsel also failed to comply with Rule 4- 5( C)( 3),
    8),         and (      10),         by failing to note the status of the case, and by
    failing            to      include               a     copy           of     the       bill        of    information                   and         the
    pertinent               court          minutes,                  if    any.            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          counsel           elects          to     file          a     new
    application                with            this        court,              the     application                 shall         be       filed           on
    or     before             September                  20,        2019.            The      application                   should              include
    the     missing            items            noted           above,           proof       of       a     timely          request             for       an
    extension               of          the         original               return           date,           and        a    copy           of         this
    ruling.
    PMC
    JEW
    GH
    COURT         OF   APPEAL,                FIRST        CIRCUIT
    DEP     TY    CLERK           OF     COURT
    FOR       THE        COURT
    

Document Info

Docket Number: 2019KW0890

Filed Date: 8/14/2019

Precedential Status: Precedential

Modified Date: 10/22/2024