
    STATE EX REL. Donald M. BOSWELL v. STATE of Louisiana
    2017-CP-1133
    Supreme Court of Louisiana.
    01/09/2018
   ON RECONSIDERATION OF THIS COURT’S ACTION DATED OCTOBER 2, 2017

Hughes, J.,

additionally concurring.

| t Relator’s situation is unfortunately governed by the case of State v. Crandell, 05-1060 (La. 3/10/06), 924 So.2d 122, wherein it was held that:

In the instant case, the court of appeal denied defendant’s writ application and mailed the notice of judgment on February 23,2005. Uniform Rule of the Courts of Appeal (“URCA”), Rule 4-9, provides that Rules 2-18.1 through 2-18.7 apply to applications for rehearings related to writ applications. Rule 2-18.7 provides that “[a]n application for rehearing will be considered where the court has: (A) Granted a writ application on the merits; (B) Dismissed an appeal; or (C) Ruled on the merits of an appeal.” The Rules do not provide for a rehearing from a denial of an application for supervisory writs. See Y.F.B. v. R.D.R., 01-0345 (La. 4/12/01), 787 So.2d 276; Morns v. Stueben, 01-0137 (La. 1/26/01), 781 So.2d 1220. Consequently, the thirty-day period for taking writs to this court provided by Supreme Court Rule X, § 5(a) was not extended by defendant’s application for rehearing in the court of appeal because it was not an instance where a rehearing was allowed, [footnote omitted]  