State Of Louisiana v. Brian Clarke

Supreme Court of Louisiana
January 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRIAN CLARKE
No. 2021-KK-01460
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of St. Charles, 29th Judicial District Court Number(s) 20,399, Court of
Appeal, Fifth Circuit, Number(s) 21-K-517;
_ _ _ _ _ _
January 12, 2022
Writ application granted. See briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
01/12/2022 "See News Release 002 for any Concurrences and/or Dissents."

cc: All counsel.
Supreme Court
STATE OF LOUISIANA
New Orleans
CHI
EF JUSTICE
JOHN L. WEIMER Sixth District VERONICA O. KOCLANES
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
January 12, 2022
Re
: STATE OF LOUISIANA VS.
BRIAN CLARKE
2021-KK-1460
D
ear 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.
On t
he basis of preliminary analysis, the Court has tentatively concluded it wil l be
appropriate to decide this case summarily and without an authored opinion.
Af
ter 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,
Ve
ry truly yours,
T
heresa McCarthy
Second Deputy Clerk
01/12/22

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

VERONICA O. KOCLANES
CLERK OF COURT

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

TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
January 12, 2022

2021-KK-01460 STATE OF LOUISIANA VS. BRIAN CLARKE

NOTE: FOR BRIEFING PURPOSES WRIT GRANTED January 12, 2022

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 February 7, 2022; and the
respondent on or before March 2, 2022.

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,

Very truly yours,

Theresa McCarthy
Second Deputy Clerk

TM: TM
ccs: All Counsel
29th Judicial District Court: 20,399 - Div:D
Court of Appeal, Fifth Circuit: 21-K-517

SUPREME COURT OF LOUISIANA
No. 2021-KK-01460
STATE OF LOUISIANA
VS.
BRIAN CLARKE
On Writ of Certiorari and/or Review
Twenty-ninth Judicial District Court, Parish of St. Charles, No. 20,399;
Court of Appeal, Fifth Circuit, No. 21-K-517.
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 12th day of January, in the year of
our Lord, Two Thousand Twenty-Two.
_________________________
Veronica O. Koclanes
Clerk of Court
__________________________
Deputy Clerk of Court