Opinion
2017–CP–1133
01-09-2018
STATE EX REL. Donald M. BOSWELL v. STATE of Louisiana
Reconsideration Denied.
HUGHES, J. additionally concurs and assigns reasons.
ON RECONSIDERATION OF THIS COURT'S ACTION DATED OCTOBER 2, 2017
Hughes, J., additionally concurring.
Relator's situation is unfortunately governed by the case of State v. Crandell , 05-1060 (La. 3/10/06), 924 So.2d 122, wherein it was held that:
In the instant case, the court of appeal denied defendant's writ application and mailed the notice of judgment on February 23, 2005. Uniform Rule of the Courts of Appeal ("URCA"), Rule 4–9, provides that Rules 2–18.1 through 2–18.7 apply to applications for rehearings related to writ applications. Rule 2–18.7 provides that "[a]n application for rehearing will be considered where the court has: (A) Granted a writ application on the merits; (B) Dismissed an appeal; or (C) Ruled on the merits of an appeal." The Rules do not provide for a rehearing from a denial of an application for supervisory writs. See Y.F.B. v. R.D.R. , 01-0345 (La. 4/12/01), 787 So.2d 276 ; Morris v. Stueben , 01-0137 (La. 1/26/01), 781 So.2d 1220. Consequently, the thirty-day period for taking writs to this court provided by Supreme Court Rule X, § 5(a) was not extended by defendant's application for rehearing in the court of appeal because it was not an instance where a rehearing was allowed. [footnote omitted]