State of Louisiana v. Lee Gallow

Summary

The Louisiana Court of Appeal, Third Circuit denied Lee Gallow's application for rehearing in a writ proceeding arising from Evangeline Parish. The court explained that rehearing is available under Uniform Rules—Courts of Appeal, Rule 2-18.7(1) when the court has granted a writ application on the merits, and directed that any challenge to the original denial be made by timely application to the Louisiana Supreme Court.

Holdings

1. An application for rehearing is considered under Uniform Rules—Courts of Appeal, Rule 2-18.7(1), only when the court has granted a writ application on the merits; because the court denied Gallow's writ application, rehearing was properly denied.
2. The proper remedy for challenging the appellate court's ruling on the writ application is a timely application for writs to the Louisiana Supreme Court.

Questions Presented

1. Whether the court could consider an application for rehearing when it had denied, rather than granted, the writ application on the merits.
2. Whether the proper method to challenge the appellate court's writ ruling was an application for writs to the Louisiana Supreme Court.

Disposition

writ_denied