State Of Louisiana v. Henry McMillan

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1069

VERSUS

HENRY J. MCMILLAN DECEMBER 20, 2021

In Re: Henry J. McMillan, applying for supervisory writs,

22nd Judicial District Court, Parish of Washington,
No. 15- CR7- 129462.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT NOT CONSIDERED. The ruling at issue was rendered on

May 24, 2021. The Notice of Intent is not dated or time -
stamped. Therefore, it is not clear if notice to seek

supervisory review was filed within thirty days of the ruling at
issue. See Uniform Rules of Louisiana Courts of Appeal, Rules
4- 2 and 4- 5( C)( 11). Moreover, although it is not a violation of
the Uniform Rules, we note that PGR counsel did not include any
documents from the district court record to support the
contention that relator was convicted by a non - unanimous jury
verdict. Instead, counsel included a
copy of relator' s
appellate brief. An appellate court must render its judgment
upon the record on appeal, i. e., that which is sent by the lower
court to the appellate court and includes the pleadings, court

minutes, transcripts, jury instructions ( if applicable),

judgments, and other rulings, unless otherwise designated. See
La. Code Civ. P. arts. 2164 & 2127- 2128; O' Bannon v. Moriah
Techs., Inc., 2017- 0728 ( La. App. 1st Cir. 3/ 29/ 18), 248 So. 3d
392, 397. The appellate briefs of the parties are not part of
the record on appeal. Thus, this court has no authority to
consider facts referred to in appellate briefs or in exhibits
attached thereto, if those facts are not in the record on

appeal. See In re J. E. T., 2016- 0384 ( La. lst Cir.
App.
10/ 31/ 16), 211 So. 3d 575, 580.

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 counsel elects to file a new application in compliance
with the Uniform Rules of Louisiana Courts of Appeal, Rules 4- 2
4- 3, the application shall be filed on or before 31,
January
2022.
The application should include proof that a timely return
date and/ or
timely extension of the return date were obtained
and include the missing items noted above and a of this
copy
ruling.

PMC
JEW
MRT

T QF PE L, FIRST CIRCUIT
f

DE U Y CL RK OF COURT
FOR THE COURT