State of Louisiana v. Terry Glen Smith

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

P.O. Box 16577

Lake Charles LA 70616 (337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Terry Glen Smith

Oak Unit-1/MPWY DOC No. 312695

Louisiana State Penitentiary

Angola, La 70712

REHEARING ACTION: October 31, 2012

Docket Number: 12 00533-CW

STATE OF LOUISIANA

VERSUS

TERRY GLEN SMITH

Writ Application from St. Martin Parish Case No. 215755

BEFORE JUDGES:

Hon. Sylvia R. Cooks

Hon. John D. Saunders

Hon. Marc T. Amy

As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Terry Glen Smith has this day been GRANTED. The relator, Terry Glen Smith, has filed an application for rehearing to which he has attached purported court minutes reflecting that the district court held a sanity hearing on April 15, 2002. Therefore, we hereby grant the application for rehearing and remand this matter to the district court for a determination as to whether there was, in fact, an April 15, 2002 sanity hearing. If so, the district court is to determine whether the relator is entitled to a transcript of this hearing, whether a transcript can be prepared from any such hearing, and, if so, the cost for the production if it is found that the relator is responsible for these costs. Based on its findings, the district court shall determine appropriate relief, if any.

cc: Hon. J. Phillip Haney, Counsel for the Respondent STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

P.O. Box 16577

Lake Charles LA 70616 (337) 433-9403