City of Baton Rouge v. Plain
| Decision Date | 10 June 1983 |
| Docket Number | No. 83-KK-0920,83-KK-0920 |
| Citation | 433 So.2d 710 |
| Parties | CITY OF BATON ROUGE v. Morrise PLAIN. |
| Court | Louisiana Supreme Court |
In Re: Morrise Plain, applying for Writ of Certiorari or Review, to the 19th Judicial District City Court, No. 52,916; Parish of East Baton Rouge, First Circuit Court of Appeal, No. 83-KW-0370.
Denied. Although it would be error to say the CCrP 912.1 C required the transcript in order to apply for writs, that right to the transcript may be waived by defendant; nevertheless the court of appeal can properly deny writs "on the showing made."
DIXON, C.J., concurs with additional reasons: Because our order may seem cryptic, I add the following explanation. The reasons given by the court of appeal in denying this application indicate a belief that CCrP 912.1 C requires that the application be accompanied by a complete record of all the evidence. However, the defendant may waive the right to cause the evidence to accompany the application. For a workable plan concerning the transcript when defendant seeks review of a non-appealable criminal case, see Supreme Court Rule 10, § 5(a)(10). Nevertheless, the court of appeal can properly deny writs "on the showing made," a ruling with which this Court would agree in this case.
To continue reading
Request your trial
-
State v. Bessard
...is deficient. It does not comply with La.Code Crim.P. art. 912.1(C) ; Uniform Rules—Courts of Appeal, Rule 4–5 ; and 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). The writ application is missing a copy of the ruling co......
-
State v. Hamed
...consideration of the validity of the trial court's ruling. La. U.R.C.A., Rule 4-5 C; La. C.Cr.P. art. 912.1 C(1); City of Baton Rouge v. Plain, 433 So.2d 710 (La. 1983). Without a transcript, the reviewing court is generally unable to determine arguments made to the trial court by the State......
-
State v. Alfred
...violation of the Uniform Rules, relator failed to include a copy of the transcript of the motion to recuse hearing. 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). Supplementation of this writ application and/or an app......
-
State v. Douglas
...that relator failed to include a copy of any pertinent transcripts, which would be necessary to review his claims. See City of Baton Rouge v. Plain, 433 So.2d 710 (La.), cert. denied, 464 U.S. 896, 104 S.Ct. 24 6, 7 8 L.Ed.2d 235 (198 3). Supplementation of this writ application and/or an a......