State Of Louisiana v. Philip Anthony

Supreme Court of Louisiana
November 07, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
PHILIP ANTHONY
No. 2022-KP-01615
_ _ _ _ _ _
IN RE: P
hilip Anthony - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 387-535;
_ _ _ _ _ _
November 07, 2022
Writ application transferred to the Court of Appeal - see Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/07/2022 "See News Release 048 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-KP-01615
S
TATE OF LOUISIANA
VS
.
PH
ILIP ANTHONY
O
N SUPERVISORY WRIT TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
O
RDER
T
he motion of Philip Anthony to exceed the page limits specified in La. S.Ct.
Rule X § 4(3) in the attached writ application is denied. The application is transferred
to the court of appeal for consideration. Any motion with regard to that application
should be directed to the court of appeal.
While this Court has direct appellate jurisdiction over capital appeals, La.
Const. Art. V § 5(D), no similar provision in the constitution gives this Court sole
jurisdiction to review capital post-conviction cases. In addition, La. C.Cr.P. art.
930.6(A) provides that “[t]he petitioner may invoke the supervisory jurisdiction of
the court of appeal if the trial court dismisses the application or otherwise denies
relief on an application for post conviction relief” and furthermore La. Const. Art. X
§ 1
0(A) gives the court of appeal “supervisory jurisdiction over cases which arise
within its circuit.”
Nonetheless, this Court has permitted capital post-conviction litigants, in their
discretion, to bypass the intermediate appellate courts and file directly for review in
accordance with La. S.Ct. Rule 10 § 5(b), which allows direct filing under
“extraordinary circumstances.” Here, however, extraordinary circumstances are no
11/07/22

2

longer present now that the district court has vacated the sentence of deat h and
resentenced the applicant to life imprisonment at hard labor without parole
eligibility.
New Orleans, Louisiana, this _____ day of November, 2022.

FOR THE COURT,

______________________________________________
JUSTICE, LOUISIANA SUPREME COURT