City of Baton Rouge v. Plain

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.”

concurs with additional reasons: Because our order may seem cryptic, I add the following explanation. The rea*711sons 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.