State of Louisiana v. Richard Baker

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616

(337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Barry Joseph Sallinger Barry J. Sallinger 820 East St. Mary Blvd., Ste 1 Lafayette LA 70503

REHEARING ACTION: March 30, 2016

Docket Number: 16 00004-KW

STATE OF LOUISIANA VERSUS RICHARD BAKER

Writ Application from Lafayette City Court Parish Case No. DT2015-00141, Ct2015- 4778

BEFORE JUDGES:

Hon. Elizabeth A. Pickett Hon. Shannon J. Gremillion Hon. Phyllis M. Keaty

As counsel of record in the captioned case, you are hereby notified that the ruling on

the application for rehearing filed by Richard Baker is:

REHEARING DENIED: The pending application before this court cannot serve as a supplement to a prior writ application upon which a ruling has been issued. Additionally, none of the criteria for considering a rehearing are presented. Uniform Rules―Courts of Appeal, Rule 2-18.7. Finally, the Defendant failed to timely file a notice of intent seeking review of the trial court‟s October 15, 2015 ruling within thirty days of that ruling. Uniform Rules—Courts of Appeal, Rule 4-3. “Rule 4-3 „promotes the finality of interlocutory rulings and prevents unnecessary delay in the administration of ongoing litigation‟” but should be “sparingly applied in cases in which a defendant does not unreasonably delay in asserting her constitutional and statutory right to seek supervisory review in the court of appeal of proceedings that have concluded in conviction and sentence.” State v. Goppelt, 08-576, pp. 1-2 (La. 10/31/08), 993 So.2d 1188, 1188-89. This is a pre-trial proceeding for which the Defendant has an adequate remedy on appeal. Accordingly, the request for rehearing is denied.

Pickett, J., concurs.

cc: Amanda Liotto-Rogers, Counsel for the Respondent