Summary
The Louisiana Court of Appeal, Third Circuit denied the State of Louisiana's application for rehearing in its writ application involving Daveon Deshan McCullough. The court explained that rehearing was unavailable because the original writ ruling granted the writ but denied relief on the merits, and stated that the proper remedy was a timely application for writs to the Louisiana Supreme Court.
Topics
Practice areas
Questions Presented
- Whether the State's application for rehearing should be considered under Uniform Rules—Courts of Appeal, Rule 2-18.7(1).
- What procedural remedy was available to challenge the court's original writ ruling after the court granted the writ application but denied relief on the merits.
Holdings
- An application for rehearing is considered in cases where the court has granted a writ application on the merits; because the original writ ruling granted the writ but denied relief on the merits, the application for rehearing was denied.
- Because the court granted the writ application but denied relief on the merits, the proper remedy to challenge the ruling was a timely application for writs to the Louisiana Supreme Court, rather than an application for rehearing in the court of appeal.
Key quotations
“Accordingly, the proper remedy to challenge this court’s ruling on the writ is a timely application for writs to the Louisiana Supreme Court.”
Factual background
The source is a rehearing-action notice concerning an appellate writ application in a criminal case. It does not state the underlying facts of the alleged offense or the substantive issue presented in the original writ ruling.
Procedural history
The matter arose from Rapides Parish district court case number 240,891. In its original writ ruling, the court granted the writ application but denied relief on the merits. The State then sought rehearing, which the appellate court denied.