24-CA-234 Nonprecedential Rehearing Denied Processed

In Re: Adam Christopher Strain

Louisiana Court of Appeal, Fifth Circuit · Filed January 10, 2025

Opinion text

IN RE: ADAM CHRISTOPHER STRAIN NO. 24-CA-234

FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

January 10, 2025

Linda Wiseman
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Stephen J. Windhorst,
Scott U. Schlegel, and Timothy S. Marcel

REHEARING DENIED WITHOUT REASONS

SUS
SJW

MARCEL, J., DISSENTS WITH REASONS

TSM

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IN RE: ADAM CHRISTOPHER STRAIN NO. 24-CA-234

FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

MARCEL, J., DISSENTS WITH REASONS

I respectfully dissent and would grant appellant’s application for

rehearing. Presented in this case is a res nova interpretation of a facially

ambiguous statute. For the reasons stated in my dissenting opinion, the

majority’s decision does not resolve that ambiguity. I find the arguments in

support of appellant to be compelling, and warrant consideration by a full

panel of this Court.

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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
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 01/10/2025 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:

24-CA-234
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Donald A. Rowan, Jr. (District Judge)
Donald F. deBoisblanc, Jr. (Appellant) Donald F. deBoisblanc, Sr. (Appellant)

MAILED
Neal R. Elliott, Jr. (Appellee)
Attorney at Law
Louisiana Department of Health &
Hospitals
P. O. Box 3836
Baton Rouge, LA 70821

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