2022-CK-01654 Precedential Writ application granted - see briefing notice and order. Processed

State Of Louisiana In The Interest Of D.W.

Louisiana Supreme Court · Filed June 7, 2023

Also decided on this docket: La., October 20, 2023

Opinion text

Supreme Court of Louisiana
June 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA IN THE INTEREST
OF D.W. No. 2022-CK-01654
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Other; Applying For Writ Of Certiorari, Parish
of St. Tammany, Slidell City Court Number(s) 21 JP 2152, Court of Appeal, First
Circuit, Number(s) 2022 KJ 0188;
_ _ _ _ _ _
June 07, 2023
Writ application granted - see briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
06/07/2023 "See News Release 028 for any Concurrences and/or Dissents."

cc: All counsel.
Supreme Court
S TATE OF LOUISIANA
New Orleans
CHIE
F 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
June 7, 2023
Re: S
TATE OF LOUISIANA IN THE
INTEREST OF D.W.
2022-CK-01654
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
06/07/23

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
S
ixth District
F
irst District
Second District
Third District
Fourth District
Fifth District
Seventh District
VER
ONICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
T
ELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
June 07, 2023
2022-CK-01654 STATE OF LOUISIANA IN THE INTEREST OF D.W.
NOT
E: FOR BRIEFING PURPOSES WRIT GRANTED June 07, 2023
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 July 3, 2023; and the respondent on or
before July 24, 2023.
O
ral 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.
W
ith kindest regards, I remain,
V
ery truly yours,
T
heresa McCarthy
Second Deputy Clerk
T
M: TM
ccs: All Counsel
Hon. Melissa R. Henry
Hon. Rodd Naquin, Clerk
Court of Appeal, First Circuit: 2022 KJ 0188

SUPREME COURT OF LOUISIANA
No. 2022-CK-01654
STATE OF LOUISIANA IN THE INTEREST OF D.W.
On Writ of Certiorari and/or Review
Slidell City Court, Parish of St. Tammany, No. 21 JP 2152;
Court of Appeal, First Circuit, No. 2022 KJ 0188.
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 7th day of June, in the year of our Lord,
Two Thousand Twenty-Three.
_________________________
Veronica O. Koclanes
Clerk of Court
__________________________
Deputy Clerk of Court