State Of Louisiana v. Patrick Rusha, Sr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1447

VERSUS

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PATRICK EDWIN RUSHA, SR. DEC 0 6 L

In Re: Patrick Edwin Rusha, Sr., applying for supervisory
writs, Ascension Parish Court, Parish of Ascension,
No. 586374.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator is not currently
in custody. Therefore, the Uniform Rules of Louisiana Courts of

Appeal apply to the writ application. Relator failed to include
a notarized affidavit verifying the allegations of the writ

application and certifying that a copy has been delivered or

mailed to the respondent judge and to opposing counsel, and

listing the addresses and telephone numbers of the respondent

judge and opposing counsel. See Uniform Rules of Louisiana
Courts of Appeal, Rule 4- 5( A). Relator also failed to comply
with Rule 4- 5( C)( 1), ( 2), ( 4), ( 5), ( 9) and ( 11), by failing to
include an index, the jurisdictional statement, the issues, the
assignments of error and memorandum, a
supporting copy of any
opposition or a statement that no opposition was filed, and the

return date order is not signed by the respondent judge.

Moreover, although it is not a violation of the Uniform
Rules, we note that relator failed to include a copy of the
bench trial transcript and a copy of any exhibits introduced at
the proceedings. See City of Baton Rouge v. Plain, 433 So. 2d
710 ( La.), cert. denied, 464 U. S. 896, 104 S. Ct. 246, 78 L. Ed. 2d
235 ( 1983); La. Code Crim. P. art. 912. 1( 0)( 1). Therefore, this
court cannot adequately review the judgment at issue herein.
Supplementation of this writ application and/ or an application

for rehearing will not be considered. See Uniform Rules of

Louisiana Courts of Appeal, Rules 2-- 18. 7 & 4- 9. In the event

relator elects to file a new application with thishe may court,
do so without the necessity of obtaining a return date, and the
application shall be filed on or before January 6, 2020. The
new application should
comply with the requirements of Rule 4- 4

concerning requests for expedited consideration, and must

include the missing items noted above, and a copy of this

ruling.

PMC
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT