State of Louisiana v. Raymond Forman

Opinion

STATE OF LOUISIANA * NO. 2023-K-0578

VERSUS * COURT OF APPEAL RAYMOND FORMAN * FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPLICATION FOR WRITS DIRECTED TO CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 449-693, SECTION “H” Honorable Camille Buras, Judge ****** Judge Rosemary Ledet ****** (Court composed of Judge Rosemary Ledet, Judge Tiffany Gautier Chase, Judge Dale N. Atkins)

ON APPLICATION FOR REHEARING

Laura Anne Reeds JUSTICE & ACCOUNTABILITY CENTER OF LOUISIANA 4035 Washington Ave, Suite 203 New Orleans, LA 70125

COUNSEL FOR RELATOR

Jason Rogers Williams, District Attorney ORLEANS PARISH DISTRICT ATTORNEY’S OFFICE 619 S. White Street New Orleans, LA 70119

COUNSEL FOR RESPONDENTS

REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED October 6, 2023 RML We grant the application for rehearing for clarification purposes only. As

TGC Mr. Forman correctly points out in his rehearing application, a person seeking to

DNA expunge a misdemeanor conviction may proceed under either La. C.Cr.P. art.

977(A)(1) or La. C.Cr.P. art. 977(A)(2). See La. C.Cr.P. art. 977(A) (providing that

a person may file a motion to expunge his record of arrest and conviction of a

misdemeanor offense if either Article 977(A)(1) or Article 977(A)(2) apply). We

further clarify that La. C.Cr.P. art. 977 does not apply to a record of arrest that did

not result in conviction; the expungement statute of records of arrests that did not

result in a conviction is governed solely by La. C.Cr.P. art. 976. Nonetheless, the

result in this case remains the same; our original opinion is unchanged.

DECREE

For the foregoing reasons, Mr. Foreman’s application for rehearing is

granted for purposes of clarification only. This Court’s judgment is unchanged.

REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED