Background
Joshua A. LeBeuf sought rehearing in the Louisiana Court of Appeal, First Circuit, in connection with five criminal matters pending in the 20th Judicial District Court for East Feliciana Parish.
The appellate court had denied LeBeuf’s original writ application. LeBeuf then filed a request asking the court to rehear that disposition.
The Court’s Holding
The First Circuit did not consider LeBeuf’s request for rehearing. It explained that an application for rehearing will not be considered when the court denied the original writ application.
The court relied on Rules 2-18.1, 2-18.2(1), and 2-18.7 of the Uniform Rules of Louisiana Courts of Appeal. The order did not address the merits of LeBeuf’s underlying criminal matters or reconsider the substance of his original writ application.
Key Takeaways
- A party generally cannot obtain rehearing from the First Circuit’s denial of an original writ application.
- The court treated the rehearing request as procedurally unavailable and therefore did not consider it.
- The disposition left the denial of the original writ application undisturbed without reaching the underlying merits.
Why It Matters
The order underscores an important procedural limit on rehearing practice in Louisiana’s intermediate appellate courts. Litigants seeking supervisory review should not assume that a writ denial can be challenged through an application for rehearing.