IN RE: ADAM CHRISTOPHER STRAIN NO. 24-CA-234 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

January 10, 2025 Linda Wiseman First Deputy Clerk

ON APPLICATION FOR REHEARING Panel composed of Stephen J. Windhorst, Scott U. Schlegel, and Timothy S. Marcel

REHEARING DENIED WITHOUT REASONS SUS SJW

MARCEL, J., DISSENTS WITH REASONS TSM IN RE: ADAM CHRISTOPHER STRAIN NO. 24-CA-234 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

MARCEL, J., DISSENTS WITH REASONS I respectfully dissent and would grant appellant’s application for rehearing. Presented in this case is a res nova interpretation of a facially ambiguous statute. For the reasons stated in my dissenting opinion, the majority’s decision does not resolve that ambiguity. I find the arguments in support of appellant to be compelling, and warrant consideration by a full panel of this Court.

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 01/10/2025 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 COUNSEL, AS LISTED BELOW:

24-CA-234 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Donald A. Rowan, Jr. (District Judge) Donald F. deBoisblanc, Jr. (Appellant) Donald F. deBoisblanc, Sr. (Appellant) MAILED Neal R. Elliott, Jr. (Appellee) Attorney at Law Louisiana Department of Health & Hospitals P. O. Box 3836 Baton Rouge, LA 70821