State of Louisiana Versus Jacorey Davis and Malik Rodrigue

STATE OF LOUISIANA NO. 23-K-159

VERSUS FIFTH CIRCUIT

JACOREY DAVIS AND MALIK RODRIGUE COURT OF APPEAL

STATE OF LOUISIANA

March 30, 2023

Linda Wiseman
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Marc E. Johnson,
Stephen J. Windhorst, and Cornelius E. Regan

DENIED WITH REASONS

CER
MEJ
SJW

REGAN, J.

The State of Louisiana has filed a rehearing application asking for

clarification of this Court’s ruling in this matter, State v. Davis and Rodrigue, 23-

159 (La. App. 5 Cir. 3/30/23) (unpublished writ disposition). When considering

the writ application, this Court reviewed the matter before it, i.e. the denial of the

Motion for Mistrial as to Mr. Davis and Mr. Rodrigue. This is a court of review,

and we only address issues that were first considered by the trial court. See

Uniform Rules-Courts of Appeal, Rule 1-3. The record before us does not show

that the trial court has ruled on whether the trial can proceed as to another

defendant in this matter. Accordingly, there was no decision on this issue for us to

review, and we deny the application for rehearing.

23-K-159 1

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 03/30/2023 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

23-K-159
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Price Quenin (Relator) Joseph L. Perez (Relator) Paul C. Fleming, Jr. (Relator)
Attorney at Law Attorney at Law Attorney at Law
848 2nd Street 848 Second Street 848 Second Street
Third Floor P. O. Box 468 Third Floor
Gretna, LA 70053 Gretna, LA 70054 Gretna, LA 70053

Christen DeNicholas (Relator)
Attorney at Law
Jefferson Parish Public Defender
848 Second Street
Third Floor
Gretna, LA 70053