From Casetext: Smarter Legal Research

State v. Leitch

Court of Appeal of Louisiana, Fourth Circuit
Aug 8, 1983
436 So. 2d 1322 (La. Ct. App. 1983)

Opinion

No. K-1109.

August 8, 1983.

APPEAL FROM CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE DENNIS J. WALDRON, J.


ORDER TO DISMISS

On June 27, 1983 the Trial Judge granted the State until July 8 to file this writ application. On July 13 the State orally moved and was granted an extension.

Although the trial court may grant an extension under Rule 4-3, it may not do so after the original time for applying has expired. See State v. Sutton, 374 So.2d 1218 (La. 1979); State v. Mandino, 352 So.2d 233 (La. 1977).

Further, we find relator's application is without merit but we dismiss for the foregoing reason.

THEREFORE, this writ application is dismissed.

DENIS A. BARRY, J. WILLIAM H. BYRNES, III, J.

GARRISON, J., dissents.


In my regard, there was indeed probable cause to arrest Leitch. Relator's application was meritorious in that the extension of time, within which to file the application, did not exceed the judge's discretion.


Summaries of

State v. Leitch

Court of Appeal of Louisiana, Fourth Circuit
Aug 8, 1983
436 So. 2d 1322 (La. Ct. App. 1983)
Case details for

State v. Leitch

Case Details

Full title:STATE OF LOUISIANA v. PETER LEITCH

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Aug 8, 1983

Citations

436 So. 2d 1322 (La. Ct. App. 1983)

Citing Cases

State v. Schaffer

On May 18 the trial court extended the deadline to May 20 which is the date when the application was filed.…