State Of Louisiana v. Marvin Santiago
Also decided on this docket: La., May 10, 2024
State Of Louisiana v. Marvin Santiago, No. 2023-K-00501 (La. Dec. 19, 2023).
Opinion text
Supreme Court of Louisiana
December 19, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARVIN SANTIAGO
No. 2023-K-00501
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of St. Bernard, 34th Judicial District Court Number(s) 21- 01592, Court of
Appeal, Fourth Circuit, Number(s) 2022-KA-0607;
_ _ _ _ _ _
December 19, 2023
Writ application granted - see briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
12/19/2023 "See News Release 055 for any Concurrences and/or Dissents."
STATE OF LOUISIANA
Netu (Drleang
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WLLlAttl J. CRAIN
SCOTT J, CRICHTON
JAfrlEs T. GENOVESE
JAY B, MCCALLUIT4
JEFFEESON D. HUGHES III
PIPEF D, GNIFFIN
First District
Second District
Third District
Fourth District
Fifth District
S€v€nth District
VEBONICA O, KOCLANES
CLEBK OF COURT
400 noyal St., Suit€ 4200
NEW ORLEANS, LA 70130-8T02
lELEPHONE (504) 310-2300
HOME PAGE http/www.lasc.org
Decernbcr 19. 2023
2023-K-00501 STATE OF LOUISIANA VS. MARVIN SANTIAGO
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED December 19,2023
MEMORANDUM TO COLINSEL 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 apDlicant
Slxlh Disirlct
or relator. as th e case may be. must file their briefs on or before Januarv 16.2024:and
the respondent on or before Februa ry 2,2024.
Oral argument rvill 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 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 ofthe delay for filing.
Re ds.
yan Chan
RC: RC
Deput"v Clerk
fiayttme {.auil
12/19/23
ccs All Counsel
Hon. Eric Bopp
Hon. Randy S. Nunez
Hon. Justin I. Woods, Clerk
34th Judicial District Court: 2 l -01 592
Court of Appeal, Fourth Circuiti 2022-KA-0607
SUPREME COURT OF LOUISIANA
No.2023-K-0501
STATE OF LOUISIANA
VERSUS
MARVIN SANTIAGO
On Writ of Certiorari and,/or Review
Thirty-Fourth Judicial District Court, Parish of St. Bemard, No. 21-01592,
Court of Appeal, Fourth Circuit, No. 2022-KA-0607.
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 revicw 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 thc 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 19th day of December, in the year of our
Lord, Two Thousand Twenty-Three.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court