STATE OF LOUISIANA NO. 19-K-136 VERSUS FIFTH CIRCUIT ERNEST PETERSON, JR. COURT OF APPEAL STATE OF LOUISIANA

October 17, 2019 Susan Buchholz First Deputy Clerk

ON APPLICATION FOR REHEARING Panel composed of Fredericka Homberg Wicker, Stephen J. Windhorst, and Hans J. Liljeberg

REHEARING IS GRANTED IN PART; THIS COURT'S SEPTEMBER 18, 2019 WRIT DISPOSITION IS RECALLED; STATE OF LOUISIANA'S MARCH 22, 2019 APPLICATION FOR SUPERVISORY WRITS IS DISMISSED AS MOOT FHW SJW HJL STATE OF LOUISIANA NO. 19-K-136 VERSUS FIFTH CIRCUIT COURT OF APPEAL ERNEST PETERSON, JR. STATE OF LOUISIANA

ORDER This matter is now before us on applicant, State of Louisiana’s Petition for Rehearing or, Alternatively, Rehearing En Banc.

This matter originally came before this Court on the State’s March 22, 2019 Application for Supervisory Writs to review the trial judge’s March 21, 2019 ex parte order granting Respondent, Ernest Peterson’s motion for recordation of grand jury proceedings without a hearing.

In this Petition for Rehearing the State informs this Court that, as the State’s interpretation of the trial court’s order of recordation was to the March 2019 grand jury proceeding only, the State presented this case to the grand jury on May 13, 2019 and, without recording the proceedings, obtained an indictment of Ernest Peterson for two counts of second degree murder and one count of obstruction of justice. The State attached the May 13, 2019 true bill signed by the grand jury foreman on that date to its petition for rehearing.

The May 13, 2019 indictment rendered the State’s original writ application moot. Further, we are not called upon to judge the efficacy of the May 13, 2019 grand jury related actions of either the State or the grand jury in the face of the trial court’s March 21, 2019 order for recordation. The earlier grand jury and its proceedings related hereto being now extinct, further consideration thereof would amount to an advisory opinion on our part, from which we are precluded.

Therefore, we grant the State of Louisiana’s petition for rehearing in part, solely for the limited purposes of recalling this Court’s September 18, 2019 writ disposition and dismissing the State’s March 22, 2019 Application for Supervisory Writs as moot. Accordingly: IT IS ORDERED that the State of Louisiana’s Petition for Rehearing is granted in part and this Court’s September 18, 2019 writ disposition issued in the referenced matter is recalled.

IT IS FURTHER ORDERED that the State of Louisiana’s March 22, 2019 Application for Supervisory Writs is dismissed as moot.

Gretna, Louisiana this 17th day of October, 2019.

FOR THE COURT: SJW FHW HJL SUSAN M. CHEHARDY MARY E. LEGNON CHIEF JUDGE INTERIM CLERK OF COURT

FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 10/17/2019 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY

19-K-136 E-NOTIFIED Fontella F. Baker (Respondent) Bridget A. Dinvaut (Relator) Orenthal J. Jasmin (Relator) MAILED Sharrolyn J. Miles (Relator) Assistant District Attorney Fortieth Judicial District Court Parish of St. John the Baptist 1710 Cannes Drive LaPlace, LA 70068