2020-KK-00671 Precedential Writ granted. Processed

Clerk of Court For the Court State Of Louisiana Vs.

Louisiana Supreme Court · Filed November 4, 2020

Also decided on this docket: La., May 13, 2021

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
No.2020-KK-00671
BYRIELLE HEBERT
_ _ _ _ _ _
IN RE: Byrielle Hebert - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 546-420, Court of
Appeal, Fourth Circuit, Number(s) 2020-K-0153;
_ _ _ _ _ _
November 04, 2020
Writ application granted.
SJC
BJJ
JLW
JDH
JTG
WJC
JHB
Supreme Court of Louisiana
November 04, 2020
11/04/2020 "See News Release 042 for any Concurrences and/or Dissents."

fiayrcntt 6ta*
STATE OF LOUISIANA
Sutu (Drleanr
CHIEF JUSTICE
BERNETTE J. JOHNSON
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAMES H. BODDIE, JR.
JEFFERSON D. HUGHES III
JOHN L. WEIMER
Seventh District
First District
Second District
Third District
Fourth District (pro temPore)
Fifth District
Sixth District
JOHN TARLTON OLIVIER
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TELEPHONE (so4) 31 0-2300
HOME PAGE http://www. lasc.org
November 04,2020
2020-r<K-00671 STATE OF LOUISIANA VS. BYzuELLE HEBERT
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED Novemb er 04,2020
MEMORANDUM TO COI]NSEL IN CAPTIONED CASE:
please be advised that the above-captioned matter will be set for oral argument on this Court's next
available docket. A copy of the official docket with the specific date and time of oral argument will
be mailed out.
Please Section 8 of le VII of the Rules of this Court p es that the tor
relator, the case may must file their on or before ovember 30,2020: and the
respondent on or before Decemb 2L.2020.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or other
flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to
do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely
filed if mailed on or before the due date. If the brief is received by mail on the first legal day
following the expiration of the delay, there shall be a rebuttable presumption that it was timely
filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be
shown only by an official United States postmark or by official receipt or certificate from the
United States postal Service, or bona fide commercial mail services such as Federal Express or
United parcel Service, made at the time of mailing which indicates the date thereof. Any other date
stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center,
shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if received
by the clerk on or before the last day of the delay for filing.
With kindest regards, I remain,
truly
TM: TM
ccs: All Counsel
Criminal District Courl:.546-420 - Div:L
Court of Appeal, Fourth Circuit: 2020-K-0153
Deputy Clerk

SUPREME COURT OF LOUISIANA
No. 2020-KK-00671
STATE OF LOUISIANA
VERSUS
BYRTELLE HEBERT
On Supervisory and/or Remedial Writs
Criminal District Courl, Parish of Orleans, No. 546-420,
Court of Appeal, Fourth Circuit, No. 2020-K-0153'
And, whereas, the court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit- "It is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up the record in Duplicate ofthe case; and that counsel for all parties
be notified."
Now, therefore, the said District court and the court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the
city of New orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State ofLouisiana, on
this 4th day of November, in the year of our
Lord, Two Thousand-TwentY.
John Tarlton Olivier
Clerk of Court
C, L
Deputy Clerk of C ufi