Supreme Court of Louisiana, 2005

State v. Bruer

State v. Bruer
Supreme Court of Louisiana · Decided November 4, 2005 · Calogero, Fourth, Johnson, Reasons, Would
915 So. 2d 344; 2005 La. LEXIS 2943; 2005 WL 3116049 (Southern Reporter, Second Series)

State v. Bruer

Concurring Opinion

CALOGERO, C.J.,

Concurring with reasons.

I concur in this denial, but am of the view that, if this applicant satisfies the Court of Appeal’s procedural requirements for properly filing his application there, and assuming that the Fourth Circuit denies relief, I would entertain anew this application in this court.

Opinion of the Court

In re Bruer, Henry; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court, Div. M, No. 458568 M3.

The Court, sua sponte, hereby opens for the limited purpose of considering relator’s writ application. The writ application is denied as premature.

CALOGERO, C.J., concurs with reasons. JOHNSON, J., would transfer to the Fourth Circuit.

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