
    STATE ex rel. Derrick Wayne DOUGLAS v. STATE of Louisiana.
    No. 2012-KH-2508.
    Supreme Court of Louisiana.
    May 3, 2013.
   In re Douglas, Derrick Wayne; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 03-07-0882; to the Court of Appeal, First Circuit, No. 2010 KA 2039.

Prior report: La.App., 72 So.3d 392.

Denied.

JOHNSON, C.J., would grant and remand the case to the court of appeal. See written reasons.

HUGHES, J., would grant.

JOHNSON, C.J.,

would grant the writ and remand the case to the court of appeal.

I would order the court of appeal to consider the merits of the claims raised in relator’s supplemental appellate brief. To the extent relator has shown that he deposited his supplemental brief with prison authorities on April 12, 2001, he filed timely. See Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).  