State v. Armstrong
State v. Armstrong
Opinion of the Court
ORDER
By this writ application, the defendant seeks review of his conviction on April 9, 1984, in the City Court of Minden, Ward One, Webster Parish, of driving while intoxicated in violation of R.S. 14:98.
The defendant’s application was filed in the Court of Appeal by mailing same addressed to the clerk. The mailing was postmarked May 29, 1984, and is considered filed as of that date. Rule 2-13, Uniform Rules of the Courts of Appeal.
Rule 4-3 of the Uniform Rules of the Courts of Appeal provides:
“... An application not filed in this court within the time so fixed or extended shall not be considered, in the absence of a showing that the delay in filing was not due to the applicant’s fault.” (emphasis supplied)
The application was not filed within the time fixed and extended by the trial judge. The applicant has made no showing that the delay in filing was not due to the applicant’s fault.
Accordingly, pursuant to the mandatory provision of the Uniform Rules, the defendant’s application is not considered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.