Cheri Hayden v. Frederick Boutte, Warden

Supreme Court of Louisiana
April 23, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CHERI HAYDEN
VS.
FREDERICK BOUTTE, WARDEN
No. 2023-KP-00864
_ _
_ _ _ _
IN
RE: State of Louisiana - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Jefferson, 24th Judicial District Court Number(s) 08- 1709, Court of
Appeal, Fifth Circuit, Number(s) 22-KH-244;
_ _ _ _ _ _
April 23, 2024
Writ application granted - see briefing notice and Order.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
04/23/2024 "See News Release 018 for any Concurrences and/or Dissents."

fiuyrtmt 6.tail
STATE OF LOUISIANA
!{etu (Drleans
CHIEF JUSTICE
JOHN L, WEIMER
JUSTICES
WILLIAM J, CRAIN
SCOTT J, CRICHTON
JAMES T, GENOVESE
JAY B. MCCALLUM
JEFFERSON HUGHES
PIPER O, GRIFFIN
Fkst District
Second District
Third District
Fou h Disrrict
Fifth District
Ssventh District
VERONICA O, KOCLANES
CLERK OF COURT
400 HoyalSt., Suite 4200
NEW ORLEANS, LA 70130-8102
April23,2024
2023-KP-00864 CHERI HAYDEN VS. FREDERICK BOUTTE. WARDEN
NOTE: FOR BzuEFING PT RPOSES WzuT GRANTED April 23,2024
MEMORANDUM TO COI-]NSEL 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.
Sixth District
It is fuither 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 f,rled only if
received by the clerk on or before the last day ofthe deiay for filing.
Re ards.
an Chan
Depulv Clerk
RC: RC
ccs: All Counsel
Hon. Stephen D. Enright, Jr.
Hon. Jon A. Gegenheimer
Hon. Curtis Pursell, Clerk
24th Judicial District Court: 08-1709 - Div:N
Court of Appeal, Fifth Circuit: 22-KI1-244
TELEPHONE (s04) 310-2300
HOME PAGE http://www.lasc.org
Please note Section 8 of Rule VII of the Rules of this Court provides that the apnlicant
or relator. as the case mav be. must file their briefs on or before Mav 20.2024: and the
respondent on or before June 7. 2024.
Oral argument 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.
04/23/24

SUPREME COURT OF LOUISIANA
No. 2023-KP-00864
CHERI HAYDEN
VERSUS
FREDERICK BOUTTE, WARDEN
On Writ of Certiorari and/or Review
Twenty-Fourth Judicial District Court, Parish of Jefferson, No. 08-1709;
Court of Appeal, Fifth Circuit, No.22-KH-244.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issucd 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 ofthe case; and that counsel for all parties
Now, thereforc, thc said District Court and the Court of Appcal is hereby
commanded, in thc 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, thc rccord in duplicatc of the above-cntitlcd case.
Witness the Honorable Justices of the
Supreme Court of thc State of Louisiana, on
this 23'd day of April, in the year of our
Lord, Two Thousand Twenty-Four.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court
be notified."