State of Louisiana Versus Clevern Granger

STATE OF LOUISIANA NO. 23-KH-38

VERSUS FIFTH CIRCUIT

CLEVERN GRANGER COURT OF APPEAL

STATE OF LOUISIANA

March 06, 2023

Linda Wiseman
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Fredericka Homberg Wicker,
Jude G. Gravois, and Robert A. Chaisson

REHEARING NOT CONSIDERED

JGG
FHW
RAC

GRAVOIS, J.

Relator, Clevern Granger, filed an Application for Rehearing in this

Court in the above-captioned writ application on or about February 27,

2023 from a disposition from this Court denying said writ application,

dated February 1, 2023.

For the following reasons, IT IS ORDERED that the Application for

Rehearing is HEREBY NOT CONSIDERED. The Application for

Rehearing is untimely as per Uniform Rules, Courts of Appeal (“URCA”),

Rule 4-9 (“Rule 2-18 shall apply to requests for rehearing related to writ

applications.”), and Rule 2-18.2 (“(1) In cases governed by the Code of

Criminal Procedure, an application for rehearing shall be filed with the clerk

on or before fourteen days after the rendition of the judgment. … (3) No

extension of time for filing an application for rehearing shall be granted.”).

[Emphasis added.] Further, the Application for Rehearing is not considered as

per URCA Rule 4-9 and Rule 2-18.7 “(An application for rehearing shall be

considered only in cases where the court has: (1) Granted a writ application on

the merits; (2) Dismissed an appeal; or (3) Ruled on the merits of an appeal.”)

[Emphasis added.], as this Court’s February 1, 2023 disposition denied the

above-captioned writ application.

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 03/06/2023 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-KH-38
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Clevern Granger #587600 (Relator)
Dixon Correctional Institute
Post Office Box 788
Unit-2 Dorm
Jackson, LA 70748