State of Louisiana Versus Ernest Peterson, Jr.

STATE OF LOUISIANA NO. 19-K-136

VERSUS FIFTH CIRCUIT

ERNEST PETERSON, JR. COURT OF APPEAL

STATE OF LOUISIANA

October 17, 2019

Susan Buchholz
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Fredericka Homberg Wicker,
Stephen J. Windhorst, and Hans J. Liljeberg

REHEARING IS GRANTED IN PART; THIS COURT'S SEPTEMBER 18, 2019
WRIT DISPOSITION IS RECALLED; STATE OF LOUISIANA'S MARCH 22,
2019 APPLICATION FOR SUPERVISORY WRITS IS DISMISSED AS MOOT
FHW
SJW
HJL

STATE OF LOUISIANA NO. 19-K-136

VERSUS FIFTH CIRCUIT
COURT OF APPEAL
ERNEST PETERSON, JR.
STATE OF LOUISIANA

ORDER
This matter is now before us on applicant, State of Louisiana’s Petition for
Rehearing or, Alternatively, Rehearing En Banc.

This matter originally came before this Court on the State’s March 22, 2019
Application for Supervisory Writs to review the trial judge’s March 21, 2019 ex
parte order granting Respondent, Ernest Peterson’s motion for recordation of grand
jury proceedings without a hearing.

In this Petition for Rehearing the State informs this Court that, as the State’s
interpretation of the trial court’s order of recordation was to the March 2019 grand
jury proceeding only, the State presented this case to the grand jury on May 13, 2019
and, without recording the proceedings, obtained an indictment of Ernest Peterson
for two counts of second degree murder and one count of obstruction of justice. The
State attached the May 13, 2019 true bill signed by the grand jury foreman on that
date to its petition for rehearing.

The May 13, 2019 indictment rendered the State’s original writ application
moot. Further, we are not called upon to judge the efficacy of the May 13, 2019
grand jury related actions of either the State or the grand jury in the face of the trial
court’s March 21, 2019 order for recordation. The earlier grand jury and its
proceedings related hereto being now extinct, further consideration thereof would
amount to an advisory opinion on our part, from which we are precluded.

Therefore, we grant the State of Louisiana’s petition for rehearing in part,
solely for the limited purposes of recalling this Court’s September 18, 2019 writ
disposition and dismissing the State’s March 22, 2019 Application for Supervisory
Writs as moot. Accordingly:

IT IS ORDERED that the State of Louisiana’s Petition for Rehearing is
granted in part and this Court’s September 18, 2019 writ disposition issued in the
referenced matter is recalled.

IT IS FURTHER ORDERED that the State of Louisiana’s March 22, 2019
Application for Supervisory Writs is dismissed as moot.

Gretna, Louisiana this 17th day of October, 2019.

FOR THE COURT:

SJW
FHW
HJL

SUSAN M. CHEHARDY MARY E. LEGNON

CHIEF JUDGE INTERIM CLERK OF COURT

FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 10/17/2019 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY

19-K-136
E-NOTIFIED
Fontella F. Baker (Respondent) Bridget A. Dinvaut (Relator)
Orenthal J. Jasmin (Relator)

MAILED
Sharrolyn J. Miles (Relator)
Assistant District Attorney
Fortieth Judicial District Court
Parish of St. John the Baptist
1710 Cannes Drive
LaPlace, LA 70068