State Of Louisiana v. Marshall J. Alexander, Jr.
Also decided on this docket: La., June 27, 2023; La., May 5, 2023
State Of Louisiana v. Marshall J. Alexander, Jr., No. 2022-K-01205 (La. Nov. 16, 2022).
Opinion text
Supreme Court of Louisiana
November 16, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARSHALL J. ALEXANDER, JR.
No. 2022-K-01205
_ _
_ _ _ _
IN
RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of St. Martin, 16th Judicial District Court Number(s) 14-247176, Court of
Appeal, Third Circuit, Number(s) 21-641;
_ _ _ _ _ _
November 16, 2022
Writ application granted - see briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
11/16/2022 "See News Release 050 for any Concurrences and/or Dissents."
Foyrlrwl 6.ta*
STATE OF LOUISIANA
Nrf, @iltans
CHIEF JUSTICE
JOHN L. WEIMER
J U STIC ES
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
Four.th District
Fifth District
Seventh District
VERONICA O KOCLANES
CLERK OF COURT
400 Royal St., Suite 42A0
NEW ORLEANS, LA 70130-8102
TELEPHONE (504) 31 0-2300
HOME PAGE http.//www.lasc org
November 16,2022
2022-K-0t205 STATE OF LOIJISIANA VS. MARSHALL J.
ALEXANDER, JR.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 16,2022
MEMORANDUM TO COLTNSEL 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 Ru of this Court Drovides that the annlicant
or relator. as the case mav be. must file their briefs on or before December 12.2022:
and the respondent on or before January 3,2023.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. A11 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 ofmailing 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,
an Chan
RC: RC
Deputy Clerk
11/16/22
ccs All Counsel
Hon. Gregory P. Aucoin
Hon. Becky P. Patin
Hon. Renee R. Simien
16th Judicial District Court: 14-247 L7 6
Court of Appeal, Third Circuit: 2l-641
SUPREME COURT OF LOUISIANA
No,2022-K-01205
STATE OF LOUISIAi\A
VERSUS
MARSHALL J. ALEXANDER, JR.
On Writ of Certiorari and/or Review
Sixteenth Judicial District Court, Parish of St. Martin, No. 14-247176;
Court of Appeal, Third Circuit, No. 2l-641.
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 Louis tana, on
this 16th day of November, in the year of our
Lord, Two Thousand Twenty-Two.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court