State Of Louisiana v. Noe A. Aguliar-benitez Aka Noe Aguilar-benitez

Supreme Court of Louisiana
May 25, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
NOE A. AGULIAR-BENITEZ AKA NOE
AGUILAR-BENITEZ
No. 2021-K-00174
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Jefferson, 24th Judicial District Court Number(s) 14797, Court of Appeal,
Fifth Circuit, Number(s) 20-KA-32;
_ _ _ _ _ _
May 25, 2021
Writ application granted. See briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
05/25/2021 "See News Release 023 for any Concurrences and/or Dissents."

Supreme Court
STATE OF LOUISIANA
New Orleans

CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN

Sixth District

First District
Second District
Third District
Fourth District
Fifth District
Seventh District

JOHN TARLTON OLIVIER
CLERK OF COURT

400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102

TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
May 25, 2021

2021-K-00174 STATE OF LOUISIANA VS. NOE A. AGULIAR-
BENITEZ AKA NOE AGUILAR-BENITEZ

NOTE: FOR BRIEFING PURPOSES WRIT GRANTED May 25, 2021

MEMORANDUM TO COUNSEL 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 note Section 8 of Rule VII of the Rules of this Court provides that the applicant or
relator, as the case may be, must file their briefs on or before June 21, 2021; and the
respondent on or before July 9, 2021.

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 sta mp, 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,

Very truly yours,

Ryan Chan
Deputy Clerk

RC: RC
ccs: All Counsel

SUPREME COURT OF LOUISIANA
No. 2021-K-00174
STATE OF LOUISIANA

VERSUS
NOE A. AGULIAR-BENITEZ AKA NOE AGUILAR-BENITEZ

On Writ of Certiorari and/or Review
Twenty-Fourth Judicial District Court, Parish of Jefferson, No. 14797;
Court of Appeal, Fifth Circuit, No. 20-KA-32.

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 of the 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 of Louisiana, on
this 25th day of May, in the year of our Lord,
Two Thousand Twenty-One.

_________________________
John Tarlton Olivier
Clerk of Court

__________________________
Deputy Clerk of Court

Supreme Court
STATE OF LOUISIANA
New Orleans
CHI
EF JUSTICE
BERNETTE J. JOHNSON Seventh District JOHN TARLTON OLIVIER
JUSTICES CLERK OF COURT
WILLIAM J, CRAIN First District
SCOTT J. CRICHTON Second District 400 Royal St., Suite 4200
JAMES T. GENOVESE Third District NEW ORLEANS, LA 70130 -8102
JAY B. MCCALLUM. Fourth District
JEFFERSON D. HUGHES III Fifth District TELEPHONE (504) 310- 2300
JOHN L. WEIMER Sixth District HOME PAGE http://www.lasc.org
M
ay 25, 2021
Re: STATE OF LOUISIANA VS.
NOE A. AGULIAR-BENITEZ
AKA NOE AGUILAR-BENITEZ
2021-K-174
Dear Counsel,
T
he Court has this day granted the writ application filed in the above-captioned case. You
will be advised at a later date when the case is set on the docket.
O
n the basis of preliminary analysis, the Court has tentatively concluded it will be
appropriate to decide this case summarily and without an authored opinion.
A
fter more intensive study of the merits of the case, and consideration of oral argument,
the Court may adhere to its tentative decision or may assign the case for an authored
opinion.
W
ith kindest regards, I remain,
V
ery truly yours,
Ry
an Chan
Deputy Clerk
cc: All counsel.