2025 KW 0453 Nonprecedential Processed

State of Louisiana v. Dakota M. Theriot

Louisiana Court of Appeal, First Circuit · Filed October 23, 2025

Authorities cited

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277 So. 3d 1204 not in our corpus

Opinion text

STATE OF LOUISIANA NO. 2025 KW 0453

VERSUS

DAKOTA THERIOT OCTOBER 23, 2025

In Re: Dakota Theriot, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, No.
38517.

BEFORE: THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED for the sole purpose of remanding the matter to
the district court for a hearing on the issue of the timeliness of
the filing of relator' s application for postconviction relief.
Relator included information in his writ application filed with
this court that he failed to first present to the district court.
An appellate court cannot review evidence that is not in the record
and cannot receive new evidence. As an appellate court, we have
no jurisdiction to receive new evidence. See Burniac v. Costner,
2018- 1709 ( La. App. 1st Cir. 5/ 31/ 19), 277 So. 3d 1204, 1. 208 n. 6.

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