State Of Louisiana v. Carlos Anthony Toby

Supreme Court of Louisiana
January 17, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CARLOS ANTHONY TOBY
No. 2023-K-00722
_ _ _ _ _ _
IN RE: S
tate of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Lafayette, 15th Judicial District Court Number(s) CR -169223.1, Court of
Appeal, Third Circuit, Number(s) 22-481;
_ _ _ _ _ _
January 17, 2024
Writ application granted - see briefing notice and Order.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
01/17/2024 "See News Release 002 for any Concurrences and/or Dissents."

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 HUGHES
PIPER D. GRIFFIN
Sixth
District
Firs
t District
Second District
Third District
Fourth District
Fifth District
Seventh District
VERONIC
A O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TELE
PHONE (504) 310-2300
HOME PAGE http://www.lasc.org
January 17, 2024
2023-K-00722 STATE OF LOUISIANA VS. CARLOS ANTHONY
TOBY
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED January 17, 2024
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 February 12, 2024;
and the respondent on or before March 4, 2024.
Oral a
rgument 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.
Regards,
Ryan Chan
Deputy Clerk
RC: RC
01/17/24

ccs: All Counsel
Hon. Royale L Colbert
Hon. Louis J. Perret
Hon. Renee R. Simien
15th Judicial District Court: CR-169223.1
Court of Appeal, Third Circuit: 22-481

SUPREME COURT OF LOUISIANA
No. 2023-K-00722
STATE OF LOUISIANA
VERSUS
CARLOS ANTHONY TOBY
On Writ of Certiorari and/or Review
Fifteenth Judicial District Court, Parish of Lafayette, No. CR-169223.1,
Court of Appeal, Third Circuit, No. 22-481.
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 17th day of January, in the year of our
Lord, Two Thousand Twenty-Four.
_________________________
Veronica O. Koclanes
Clerk of Court
__________________________
Deputy Clerk of Court