State Of Louisiana v. Joseph B. Schmidt

Supreme Court of Louisiana
June 29, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOSEPH B. SCHMIDT
No. 2021-K-00491
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 235312, Court of
Appeal, First Circuit, Number(s) 2020 KA 0145;
_ _ _ _ _ _
June 29, 2021
Writ application granted - see briefing notice and Order.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
06/29/2021 "See News Release 027 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 Dis
trict
First Dis
trict
Second District
Third District
Fourth District
Fifth District
Seventh District
JOHN TA
RLTON OLIVIER
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TELEPHON
E (504) 310-2300
HOME PAGE http://www.lasc.org
June 29, 2021
2021-K-00491 STATE OF LOUISIANA VS. JOSEPH B. SCHMIDT
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED June 29, 2021
MEMO
RANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this Court's next
avai
lable 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 July 26, 2021; and the respondent on or
befor
e August 13, 2021.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper should be
fast
ened at the top. All briefs should be backed with the customary "Blueback" or other flexible
mate
rial. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may
subje
ct 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
file
d 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
Unite
d 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 ma
iling which indicates the date thereof. Any other date stamp, such as a private commercial mail
mete
r 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 on ly if received by
the cler
k on or before the last day of the delay for filing.
With kindest regards, I remain,
Very tr
uly yours,
There
sa McCarthy
Second Deputy Clerk
TM: TM
ccs: All Counsel
22nd Judicial District Court: 235312 - JDC:22nd Div:A
Court of Appeal, First Circuit: 2020 KA 0145
06/29/21

SUPRE
ME COURT OF LOUISIANA
No. 2021-K-00491
STATE OF LOUISIANA
VERS
US
JOSEPH B. SCHMIDT
On W
rit of Certiorari and/or Review
Twenty-Second Judicial District Court, Parish of St. Tammany, No. 235312;
Court of Appeal, First Circuit, No. 2020 KA 0145.
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.
Witne
ss the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 29th day of June, in the year of our Lord,
Two Thousand Twenty-One.
_________________________
John Tarlton Olivier
Clerk of Court
____
______________________
Second Deputy Clerk of Court

cc: All counsel.
Supreme Court
S TATE OF LOUISIANA
New Orleans
CHIE
F JUSTICE
JOHN L. WEIMER Sixth 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
PIPER D. GRIFFIN Seventh District HOME PAGE http://www.lasc.org
June 29, 2021
Re: S
TATE OF LOUISIANA VS.
JOSEPH B. SCHMIDT
2021-K-00491
De
ar Counsel,
The
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.
On the
basis of preliminary analysis, the Court has tentatively concluded it will be
appropriate to decide this case summarily and without an authored opinion.
Aft
er 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.
Wi
th kindest regards, I remain,
Ver
y truly yours,
Th
eresa McCarthy
Second Deputy Clerk
06/29/21