Opinion
No. 2020-C-00985
02-09-2021
Yvonne Renea BOUTTE v. Kevin Lee BOUTTE
Application for reconsideration not considered. See Louisiana Supreme Court Rule IX, § 6.
Crichton, J., would grant and assigns reasons.
CRICHTON, J., would grant rehearing and assigns reasons:
As I have stated before, while Supreme Court Rule IX, § 6 prohibits reconsideration of a prior writ denial, an exception to this rule must exist in order to further the interest of justice in certain extraordinary circumstances where good cause is shown. See State v. Hauser , 20-429 (La. 10/6/20), 302 So.3d 514 (mem) (Crichton, J., would grant reconsideration and assigning reasons), citing Harris v. Am. Home Assurance Co ., 2018-589 (La. 8/31/18), 251 So. 3d 397, 398 (Crichton, J., would grant reconsideration); Marable v. Empire Truck Sales of La. , LLC , 2017-1469 (La. 11/17/17), 230 So.3d 212 (Crichton, J., would grant reconsideration); and State v. Franklin , 2019-1454 (La. 1/14/20), 286 So. 3d 1039 (mem) (Crichton, J., additionally concurring with grant of reconsideration). Because I find good cause shown in this case, specifically, the issue of whether an application of the recent decision in John Howell v. Sandra Howell , ––– U.S. ––––, 137 S.Ct. 1400, 197 L.Ed.2d 781 (2017) (the Court holding the Uniformed Services Former Spouses' Protection Act preempted States from treating as divisible community property the military retirement pay that a veteran has waived in order to receive nontaxable service-related disability benefits) is necessary under the facts presented, I would grant rehearing and docket the case for oral argument.