Opinion
NUMBER 2013 KW 0510
06-19-2013
CITY OF HAMMOND v. TAYLOR DIXON KEITH
In Re: Taylor Dixon Keith, applying for supervisory writs, Hammond City Court, Parish of St. Tammany, No. 2026349.
BEFORE: PARRO, KUHN, AND McCLENDON, JJ.
WRIT NOT CONSIDERED. Relator failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rule 4-5(C)(8), by not including a copy of all of the pleadings on which the ruling was founded (including the affidavit or information charging the offense in city court). Relator also failed to comply with Rules 4-5(C)(3) and 4-5(c)(10) by not including, in the statement of the case, the status of the case and a copy of the pertinent court minutes (including the sentence). We further note that relator alleges he was charged in the City Court of Hammond with state statute violations. Because relator did not include a copy of the affidavit or information charging the offense in city court, we are not able to confirm that allegation. We are advised by the office of the Clerk of Court of the City Court of Hammond that relator was not prosecuted for state statute violations and that he pled guilty and has been sentenced. If relator was charged with the violation of a city code ordinance, then review is not by writ application to this Court but is first by appeal to the district court. See La. R.S. 13: 1896; La. Code Crim. P. art. 912.1; State v. Short, 339 So.2d 326 (La. 1976).
This action is a final ruling. Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rule of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. If relator pled guilty to a state statute violation and decides to file another writ application, any future filing on this issue in this Court should include the entire contents of this writ application, the missing items noted above, and a copy of this ruling. In the event relator elects to file a new writ application with this Court, the application shall be filed on or before July 8, 2013.
PMc
RHP
JEK
COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT