State of Louisiana v. Richard Baker

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

NOT DESIGNATED FOR PUBLICATION

Barry Joseph Sallinger
Barry J. Sallinger
820 East St. Mary Blvd., Ste 1
Lafayette LA 70503

REHEARING ACTION: March 30, 2016

Docket Number: 16 00004-KW

STATE OF LOUISIANA
VERSUS
RICHARD BAKER

Writ Application from Lafayette City Court Parish Case No. DT2015-00141, Ct2015-
4778

BEFORE JUDGES:

Hon. Elizabeth A. Pickett
Hon. Shannon J. Gremillion
Hon. Phyllis M. Keaty

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

the application for rehearing filed by Richard Baker is:

REHEARING DENIED: The pending application before this court cannot
serve as a supplement to a prior writ application upon which a ruling has
been issued. Additionally, none of the criteria for considering a rehearing are
presented. Uniform Rules―Courts of Appeal, Rule 2-18.7. Finally, the
Defendant failed to timely file a notice of intent seeking review of the trial
court‟s October 15, 2015 ruling within thirty days of that ruling. Uniform
Rules—Courts of Appeal, Rule 4-3. “Rule 4-3 „promotes the finality of
interlocutory rulings and prevents unnecessary delay in the administration of
ongoing litigation‟” but should be “sparingly applied in cases in which a
defendant does not unreasonably delay in asserting her constitutional and
statutory right to seek supervisory review in the court of appeal of
proceedings that have concluded in conviction and sentence.” State v.
Goppelt, 08-576, pp. 1-2 (La. 10/31/08), 993 So.2d 1188, 1188-89. This is a
pre-trial proceeding for which the Defendant has an adequate remedy on
appeal. Accordingly, the request for rehearing is denied.

Pickett, J., concurs.

cc: Amanda Liotto-Rogers, Counsel for the Respondent