State Of Louisiana v. J Ose M. Sagastume

Supreme Court of Louisiana
May 23, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
OSE M. SAGASTUME
No. 2022-K-01824
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Jefferson, 24th Judicial District Court Number(s) 19- 5385, Court of
Appeal, Fifth Circuit, Number(s) 22-KA-32;
_ _ _ _ _ _
May 23, 2023
Writ application granted - see briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
05/23/2023 "See News Release 026 for any Concurrences and/or Dissents."

fiayrcrct 6.su*
STATE OF LOUISIANA
fietu (Drleans
CHIEF JUSTICE
JOHN L WEIi.llER
JUSTICES
WLLIAM J CRAIN
SCOTT J CRICHTON
JAMES T GENOVESE
JAY B i'CCALLUM
JEFFERSON D, HUGHES III
PIPER O GRIFFIN
Firsl Dislrict
Second Dislrcl
Third Districl
Fourth oistrict
Fifih Oistncl
Sevenli Oistrict
VERONICA O XOCLANES
CLERK OF COURT
400 RoyalSl. Surte 4200
NEW ORLEANS. LA 70130-8102
TELEPHONE (504) 310-2300
HOME PAGE hltp //wvvw.lasc org
May 23.2023
2022-K-01824 STAI'E OF LOUISIANA VS. JoSE M. SAGASTUME
NOTE: FOR BzuEFING PURPOSES WzuT GRANTED May 23,2023
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 oflhe Rules of this Court provides that the applicant
or relateli 4s the case may be, must file their briefs on or before June 19,2023; and the
respondent on or before Julv 7,2023.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. Allbriefs 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 rvhere 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,
yan Chan
S xlh O slflcl
RC: RC
Deputy Clerk
05/23/23

ccs: Hon. R, Christopher Cox, III
Hon. Jon A. Gegenheimer
Hon. Curtis Pursell. Clerk
Paul D. Connick, Jr.
Thomas Joseph Butler
Andrea Frances Long
Rachel Frances Luck
Stephen Edward Downer
Matthew R. Clauss
Darren Anthony Allemand
Bruce Gerard Whittaker
24th Judicial District Court: 19-5385
Court of Appeal, Fifth Circuit: 22-KA-32

SUPREME COURT OF LOUISIANA
No.2022-K-0182,1
STATE OF LOUISIANA
VERSUS
.IOSE M. SAGASTUME
On Writ of Certiorari and/or Review
Twenty-Fourth Judicial District Court, Parish of Jefferson, No. 19-5385;
Court of Appeal, Fifth Circuit,, No. 22-KA-32.
And, whereas, the Court has this date. pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the fotlowing order, to wit- "lt 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, therefbre, 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 l, 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 23'd day of May, in the year of our Lord,
Two Thousand Twenty-Three.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court