Background
Damon Paul Johnson sought supervisory review of a ruling in a criminal proceeding in the 17th Judicial District Court for Lafourche Parish. The appellate court understood Johnson to be challenging a ruling issued in 2025.
Johnson filed his writ application in the Louisiana Court of Appeal, First Circuit, on September 10, 2026. The application did not explain why he waited more than 30 days after the ruling to seek review.
The Court’s Holding
The First Circuit denied Johnson’s writ application as untimely. It relied on Rule 4-3 of the Uniform Rules of Louisiana Courts of Appeal, which provides that the return date in a criminal case may not exceed 30 days from the ruling at issue.
Because Johnson filed more than 30 days after the 2025 ruling and offered no explanation for the delay, the court declined to consider the application. Judge Edwards concurred, stating that she would deny the writ application on the showing made.
Key Takeaways
- A criminal supervisory writ application is subject to the 30-day return-date limit in Rule 4-3.
- An unexplained filing made more than 30 days after the challenged ruling may be denied as untimely.
- Judge Edwards concurred in the result but would have denied the application on the showing made.
Why It Matters
The ruling underscores the importance of promptly seeking supervisory review in Louisiana criminal cases. A litigant who misses the applicable deadline and provides no explanation risks denial without review of the underlying claim.