Opinion
NO. 2016 KW 1198
10-31-2016
STATE OF LOUISIANA v. VINCENT MOLINO
In Re: Vincent Molino, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 561,670. BEFORE: PETTIGREW, McDONALD AND DRAKE, JJ.
WRIT NOT CONSIDERED. Relator failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rule 4-5(A), in that the application does not contain an affidavit verifying the allegations of the application and certifying that a copy has been delivered or mailed to the respondent judge and to opposing counsel, and to any opposing party not represented by counsel, and listing the addresses and telephone numbers of the respondent judge, opposing counsel, and any opposing party not represented by counsel. Relator also failed to comply with Uniform Rules of Louisiana Courts of Appeal, Rules 4-3 and 4-5(C)(11), by failing to include the return date order. Relator also failed to comply with the binding requirements of Rule 4-5(B). Relator failed to comply with Rule 4-5(C)(3) and (4), by failing to include a statement of the case and a statement of the issues and questions of law presented for determination by the Court in this writ. Moreover, although it is not a violation of the Uniform Rules, we note that relator failed to include a copy of a transcript of the proceedings at issue. See City of Baton Rouge v. Plain, 433 So.2d 710 (La.), cert. denied, 464 U.S. 896, 104 S. Ct. 246, 78 L.Ed.2d 235 (1983); La. Code Crim. P. art. 912.1(C)(1). Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. In the event relator elects to file a new application with this Court, the application shall be filed on or before December 29, 2016. Any future filing on this issue should include the entire contents of this application, the missing items noted above, and a copy of this ruling.
JTP
JMM
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT