STATE OF LOUISIANA v. TRABILLION HAWTHORNE (2024)

Applicant initially filed a “shell” application, which did not comply with the content requirements for a writ application set forth in Louisiana Supreme Court Rule X, Sections 3 and 4. Applicant later filed a “supplement” to this application that contained the required content. The “shell” application was not a writ application. The “supplement” was filed forty-six days after the appellate court's action in this case. The application was required to be filed within thirty days of the mailing of the notice of the original judgment of the court of appeal, and “[n]o extension of time therefor will be granted.” Louisiana Supreme Court Rule X, Section 5(a)(1). Because the shell is not an application and the rule does not allow for the deadline to be extended, the writ should not be considered.

Crain, J., concurs with reasons.