Summary
The Louisiana Court of Appeal, Third Circuit denied Apollonia Rael Amest’s application for rehearing. The court explained that rehearing is available when the court has granted a writ application on the merits, whereas the original ruling granted the writ but denied relief; therefore, the proper avenue for review is a timely writ application to the Louisiana Supreme Court.
Topics
Practice areas
Questions Presented
- Whether the applicant was entitled to rehearing of the Third Circuit's prior writ ruling when the court had granted the writ application but denied relief on the merits.
Holdings
- An application for rehearing is not available under Uniform Rules—Courts of Appeal, Rule 2-18.7(1) when the appellate court granted the writ application but denied relief on the merits; the proper method to challenge that ruling is a timely application for writs to the Louisiana Supreme Court.
Factual background
The opinion contains no substantive factual discussion. It concerns a writ application arising from a St. Martin Parish criminal proceeding and a subsequent application for rehearing in the Third Circuit.
Procedural history
Amest filed a writ application arising from St. Martin Parish Case No. 23-259439. The Third Circuit previously granted the writ application but denied relief on the merits. Amest then sought rehearing, which the court denied, explaining that rehearing is available under Uniform Rules—Courts of Appeal, Rule 2-18.7(1) only when the court has granted a writ application on the merits.