KA-0008-0762 Nonprecedential Processed

State of Louisiana v. Terrell Stipe

Louisiana Court of Appeal, Third Circuit · Filed April 1, 2009

Also decided on this docket: La. Ct. App. 3d Cir., February 4, 2009

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

William Jarred Franklin Sidney Joseph Rosteet
Louisiana Appellate Project Attorney at Law
3001 Old Minden Road P. O. Box 2719
Bossier City LA 71112 Sulphur LA 70664

Donald Anthony Sauviac, Jr.
Attorney At Law
2925 Tulane Avenue
New Orleans LA 70119

REHEARING ACTION: April 1, 2009

Docket Number: 08 00762-KA

STATE OF LOUISIANA
VERSUS
TERRELL STIPE

Appealed from Calcasieu Parish Case No. 12259-06(Ascesion Parish)

BEFORE JUDGES:

Hon. Sylvia R. Cooks
Hon. John D. Saunders
Hon. Jimmie C. Peters

As counsel of record in the captioned case, you are hereby notified that the application

for rehearing filed by Terrell Stipe has this day been

DENIED: Defendant's application for rehearing is denied as this court may
not consider an application for rehearing based on newly discovered
evidence, nor can it remand the case, as the one year time period for filing a
motion for new trial based on newly discovered evidence has lapsed.
La.Code Crim.P art. 853, 851(3). Defendant may present his claim by
application for post-conviction relief. La.Code Crim.P. art 930.3.

cc: Anthony Gerard Falterman, Counsel for the Appellee
Shawn Rene Bush, Counsel for the Appellee
Donald David Candell, Counsel for the Appellee