State of Louisiana State of Louisiana, Department of Justice Versus John Elmer

STATE OF LOUISIANA NO. 19-KA-478

VERSUS FIFTH CIRCUIT

JOHN ELMER COURT OF APPEAL

STATE OF LOUISIANA

Panel composed of Judges Fredericka Homberg Wicker,
Stephen J. Windhorst, and John J. Molaison, Jr.

ORDER
Considering the State’s timely Motion to Recall Opinion pursuant to
URCA Rule 2--16.3, in which the State contends that although the opinion
rendered by this Court on July 31, 2020 fully complied with and exceeded the
requirements of Rule 5--2 by use of initials and other means to protect the
identity of a minor, and moves this Court to recall the opinion for purpose of
redacting certain additional facts which could conceivably lead to identity of
the victim; and further considering that this case involved matters of an
unusually sensitive nature which, in this extraordinary case, provide sufficient
cause for us to take extra measures to protect the identity of the victim:

IT IS ORDERED that the State’s Motion to Recall Opinion filed
August 11, 2020 is granted, and the opinion rendered by this Court on July
31, 2020 is recalled for the purpose of redacting from it certain facts which
could lead to discovery of the identity of the victim; and that a superseding
opinion be issued without changing the substance of the original opinion.

IT IS FURTHER ORDERED that the Clerk of this Court take
necessary measures to recall the original opinion and substitute for it the
superseding opinion bearing the same date of this order.

IT IS FURTHER ORDERED that the Clerk of Court for the 29th
Judicial District Court take all necessary measures to recall and remove from
the record the original opinion and substitute for it the superseding opinion,
rendered the same date of this order.

IT IS FURTHER ORDERED that Westlaw / Thomson Reuters
Corporation and LexisNexis recall the opinion rendered by this Court on July
31, 2020, and substitute for it this Court’s superseding opinion, rendered the
same date of this order.

Gretna, Louisiana, this 2nd day of September, 2020.

SJW
FHW
JJM