McCorvey v. McCorvey, 923 So. 2d 638 (La. 2006). · Go Syfert
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McCorvey v. McCorvey, 923 So. 2d 638 (La. 2006). Cases Citing This Book View Copy Cite
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Shaunn Caillier McCORVEY
v.
Derriel Carlton McCORVEY
No. 2005-CJ-2577.
Supreme Court of Louisiana.
Mar 10, 2006.
Published opinion
923 So. 2d 638
2006 La. LEXIS 774
2006 WL 584646
Calogero, Reasons.
Cited by 1 opinion  |  Published

Lead Opinion

In re McCorvy, Derriel Carlton; — Defendant(s); Applying for Reconsideration of this Courts order dated January 13, 2006; 27th Judicial District Court Div. B, Nos. 02-C-2619-A, to the Court of Appeal, Third Circuit, No. 05-174.

Reconsideration denied.

CALOGERO, C.J., concurs with reasons.

Concurrence

CALOGERO, Chief Justice,

concurs in the denial of the application for reconsideration and assigns additional reasons.

Even if the defendant’s interpretation of Governor Blanco’s Executive Order Nos. KBB-2005-48 and KBB-2005-61 were correct (and I do not concede that), his writ application was properly denied as untimely because it was filed in this court more than thirty days after November 25, 2005. The defendant’s shipment of the application by Federal Express on December 21, 2005, was insufficient to constitute timely filing of his application, because Louisiana Supreme Court Rule X, § 5 affords a presumption of timeliness only if the application is sent “by mail” with the United States Post Office within the time delay.