Procrastinators Programs SM

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1 Procrastinators Programs SM Writ Practice in Louisiana Appellate Court The Hon. Jude G. Gravios Louisiana Court of Appeal Fifth Circuit Course Number: Hour of CLE December 17, :20 am 12:20 pm

2 WRIT PRACTICE IN THE LOUISIANA COURTS OF APPEAL Judge Jude G. Gravois La. Fifth Circuit Court of Appeal New Orleans Bar Association CLE Seminar Presentation New Orleans, Louisiana December 17, 2014 Hon. Jude G. Gravois La. Fifth Circuit Court of Appeal P. O. Box 489 Gretna, LA (504)

3 Judge Jude G. Gravois La. Fifth Circuit Court of Appeal Biographical information Judge Jude Gravois is a native and lifelong resident of Vacherie, Louisiana. He is a 1971 graduate of St. James High School. He received his under-graduate degree from Nicholls State University in 1975, and his law degree from LSU Law Center in He was admitted to the bar in October 1978 Judge Gravois began practicing law in Vacherie in 1978, joining an established local firm. He later practiced as a sole practitioner in Vacherie from 1984 through his election in 2009 to the bench. During his career, Judge Gravois has worked as a judicial law clerk, indigent defender attorney, and assistant district attorney, all while serving the needs of his clients in his private law practice. He left the D.A. s office in 1990 to concentrate on his private practice, developing a very active general civil and criminal practice. Judge Gravois is married and has two adult children, both of whom are married and living in South Louisiana. He and his wife currently have three young grandsons. On April 4, 2009, in his first run for public office, Judge Gravois was elected by the voters of his district (St. James and the east bank of St. John the Baptist Parishes) to serve on the Louisiana Fifth Circuit Court of Appeal. He officially took office on May 1, He was reelected to a full 10-year term on the bench on October 2, In his spare time, Judge Gravois enjoys working around his house and yard, attending LSU sporting events, grandfathering his young grandsons, and fishing and spending time with his wife and family at his camp in Cocodrie.

4 New Orleans Bar Association CLE Seminar Presentation December 17, 2014 Writ Practice in the Louisiana Courts of Appeal (1 hour CLE credit) Table of Contents I. Three biggest pieces of advice of the day... 2 II. Introduction A. Appellate Court Jurisdiction... 2 B. Appeals and Writs General Information... 3 C. Terminology Identification of Parties... 4 D. Types of Writs... 5 III. Uniform Rules Courts of Appeal Rule 4. Writs... 6 IV. Pointers on writing writ applications (and briefs) V. Processing and handling of writ applications in the La. Fifth Circuit Court of Appeal VI. Appealable or Writable review of statutory authority VII. Court of Appeal Writ Pipeline [1]

5 WRIT PRACTICE IN THE LOUISIANA COURTS OF APPEAL Acknowledgment and special thanks: These materials are based in part on a presentation written and made by retired Judge Thomas F. Daley I. The Three Biggest Pieces of Advice of the Day 1. Prepare for taking your writ application when preparing your original pleadings and attachments/exhibits and presenting your case in the trial court not after the judgment, ruling, or order has been rendered against you. 2. If you want the court of appeal to see it, INTRODUCE IT into the record below AND ATTACH IT TO YOUR WRIT APPLICATION. (In writ applications, all we have is what you give us, as opposed to an appeal, where we generally have the whole record.) 3. Follow all of the pointers provided on writing writ applications (and briefs). II. Introduction A. Appellate Court Jurisdiction 1. Louisiana Supreme Court. The Louisiana Constitution grants three types of jurisdiction to the Louisiana Supreme Court: a. Original Jurisdiction. The original jurisdiction of the Louisiana Supreme Court is limited to attorney disciplinary proceedings and the disciplining of judges. La. Const. art. V. 5(B), 25(C). b. Appellate Jurisdiction. The Louisiana Supreme Court exercises exclusive appellate jurisdiction over: (1) trial court judgments declaring a law or ordinance unconstitutional; (2) criminal cases in which the defendant has been convicted of a capital offense and the death penalty has been imposed; and, (3) trial court judgments ruling on an appeal from an order of the Public Service Commission. La. Const. art. V. 5(D) and art. IV. 21(E). Additionally, the Louisiana Supreme Court has appellate jurisdiction over all issues in civil actions properly before it. La. Const. art. V. 5(F). c. Supervisory Jurisdiction. The Louisiana Supreme Court has supervisory jurisdiction over all state courts. The Supreme [2]

6 Court exercises this plenary authority at its complete discretion. La. Const. art. V. 5(A). 2. Courts of Appeal. The Louisiana Constitution grants two types of jurisdiction to the Courts of Appeal: a. Appellate Jurisdiction. The appellate jurisdiction of the Courts of Appeal extends to: (1) all civil matters in their circuits, except where a law or ordinance has been declared unconstitutional; (2) administrative agency determinations in worker s compensation matters; (3) all matters appealed from family and juvenile courts; (4) all criminal cases triable by jury, except for capital offense convictions where the death penalty has been imposed; (5) district court judgments reviewing the final decision or order of an administrative agency; (6) final decisions of state, parish and city civil service commissions; and (7) judgments rendered by parish or city courts. La. Const. art. V. 10(A). See also La. R.S. 42:1142, 49:964 and 49:965, and La. C.C.P. art b. Supervisory Jurisdiction. The Courts of Appeal have supervisory jurisdiction over all cases that arise within their respective circuits. La. Const. art. V. 10(A). B. Appeals and Writs General Information. 1. Background. Louisiana law recognizes two processes for appellate court review of lower court decisions: the appeal and the writ application. An appeal provides review as a matter of right, while review by writ application is discretionary with the reviewing court. Additionally, appellate courts in Louisiana have authority to issue remedial writs. 2. Appeal. The right to review by appeal is established by the Louisiana Constitution or by statute. In civil cases, appellate review extends to law and facts; while in criminal cases appellate review is limited to questions of law. La. Const. art. V. 5(C) & 10(B). The general procedures governing appeals are set out in Book III, Title I of the Louisiana Code of Civil Procedure, Title XXXI of the Louisiana Code of Criminal Procedure, Title III of the Louisiana Children s Code (Arts ), Part A of the Rules of the Supreme Court of Louisiana, and Rules 2 and 3 of the Uniform Rules Courts of Appeal. Additionally, procedures peculiar to certain specific appeals, such as election suit appeals, may be established by statute. See La. R.S. 18:1409. Finally, the Courts of Appeal by local rules, may fix internal procedures for appeals in their respective circuits. [3]

7 3. Writ Applications. Of the various writs discussed above, three types of writ applications may be made to appellate courts in Louisiana: a. Supervisory Writ Application. An application for a supervisory writ seeks review of a trial court ruling. Supervisory writs are available from both the Louisiana Supreme Court and the Courts of Appeal. Under their grants of supervisory jurisdiction, the Louisiana Supreme Court and the Courts of Appeal exercise discretionary review authority over trial court rulings not subject to appellate review. La. Const. art. V. 5(A) & 10(A); La. C.C.P. art An appellate court s denial of a supervisory writ application is merely a decision not to exercise supervisory jurisdiction and does not preclude later review on the merits when the final judgment is appealed. State v. Fontenot, 550 So.2d 179 (La. 1989). b. Application for Writ of Certiorari or Review. An application for a writ of certiorari or review is filed with the Louisiana Supreme Court to seek review of a court of appeal judgment. A writ of certiorari or review is available only from the Louisiana Supreme Court and is issued under that court s grant of supervisory jurisdiction to conduct discretionary review of judgments rendered by the Courts of Appeal. La. Const. art. V. 5. La. C.C.P. art c. Application for Remedial Writs. A remedial writ provides some specific form of relief in a case and does not entail review of a court ruling. Remedial writ applications to the appellate courts generally include applications for writs of mandamus and applications for writs of prohibition. These writs are available from both the Louisiana Supreme Court and the Courts of Appeal under direct grants of authority from the Louisiana Constitution. La. Const. art. V. 2, 5, & 10. C. Terminology Identification of Parties 1. Relator or Applicant: In a writ application to an appellate court, the party who applies to the appellate court for relief from the action or inaction of a lower court. The relator or applicant is the opponent of the respondent. 2. Respondent: In a writ application to an appellate court, the party who contests the request for relief from the appellate court. The respondent is the opponent of the relator or applicant. [4]

8 D. Types of Writs 1. Background. Writs are classified according to the type of relief requested in the writ application. Generally, the term writ refers to the relief requested in the application; and the relator applying for relief is said to take a writ or apply for writs, while the court acting on the application is said to issue a writ, grant the writ or deny the writ. Two classifications of writs are recognized in Louisiana law: supervisory writs and original writs. a. Supervisory Writs. A supervisory writ application seeks review and relief from a trial court ruling, while an application for a writ of review or certiorari seeks review and relief from a court of appeal judgment. The two-fold nature of a supervisory writ is important to understand. The writ application must first persuade the higher court to exercise its discretionary jurisdiction to review the lower court decision. Secondly, if the court elects to exercise its discretionary review jurisdiction, the writ application must specify the relief requested and state the grounds for that relief. Because of the supervisory writ s twofold nature, the court may exercise its discretionary review jurisdiction, but then deny the requested relief. b. Original Writs. These writ applications request an original form of relief not requiring review of a court decision. The writ application specifies the relief requested and states the grounds for granting that relief. Original writs are either categorized as remedial or conservatory. 1) Remedial Writs. A remedial writ application seeks specific relief either ordering or prohibiting some action by a lower court or another party, individual or entity. a) The most common remedial writs in appellate court practice are: i. Writ of Mandamus: A court order directing a lower court or another party, individual or entity to take some specified action or to performing some prescribed duty. ii. Writ of Prohibition: A court order prohibiting some specified action from being taken by a lower court or another party, individual or entity. b) The most common remedial writs in trial court practice are: [5]

9 i. Writ of Habeas Corpus: Often referred to as the Great Writ, habeas corpus is an order directing a person holding another in custody to produce that person before the court and show the authority for the custody. See La. C.C.P. arts and La. C.Cr.P. arts ii. Writ of Mandamus: See La. C.C.P. arts iii. Writ of Quo Warrento: A court order directing an individual to show authority to hold a public office, or an office in a corporation, or directing a corporation to show authority to exercise certain powers. See La. C.C.P. arts iv. Writ of Fieri Facias: In execution of a money judgment, a writ of fieri facias directs the seizure and sale of property belonging to the judgment debtor. See La. C.C.P. arts v. Writ of Distringas: A writ of distringas provides a remedy in executing a judgment other than a money judgment. See La. C.C.P. arts vi. Writ of Seizure and Sale: In executory proceedings, a writ of seizure and sale authorizes the sheriff to seize and sell property affected by a valid security device. See La. C.C.P. arts ) Conservatory Writs. In trial court practice, conservatory writs provide some an in rem or in personam security remedy to assist the court in exercising its original jurisdiction in a civil case. The Louisiana Code of Civil Procedure recognizes the following conservatory writs: a) Writ of Attachment. A writ of attachment provides a security remedy over a defendant in a civil action based on grounds specified in La. C.C.P. art b) Writ of Sequestration: A writ of sequestration provides a security remedy over property at issue in a civil action, based on grounds specified in La. C.C.P. art III. Uniform Rules Courts of Appeal Rule 4. Writs Rule 4-1. Application for Writs a. Need to file original and 3 duplicate copies with the Clerk. [6]

10 Rule 4-2. Notice of Intention a. Notice of Intention (a/k/a Notice of Intent) shall be given: (1) to opposing parties or opposing counsel; and (2) simultaneously to the judge whose ruling is at issue, by requesting a return date to be set by the judge within the time period provided for in Rule 4-3. Rule 4-3. Time to file; Extension of time a. Trial judge shall immediately set a reasonable return date to file a writ application. b. In civil cases, return date shall not exceed 30 days from the date of the notice as provided in La. C.C.P. art c. In criminal cases, return date shall not exceed 30 days from the date of the ruling at issue (unless the judge orders the ruling to be reduced to writing, in which case the return date shall not exceed 30 days from the date the ruling is signed). d. In all cases, the judge shall set an explicit return date; an appellate court will not infer a return date from the record. e. Upon proper showing, the trial court or the appellate court may extend the time for filing the application upon the filing of a motion for extension filed within the original or an extended return date. f. An application not filed within the time so fixed or extended shall not be considered, in the absence of a showing that the delay in filing was not due to the applicant s fault. g. The application shall contain documentation of the return date and any extension thereof; any application that does not contain this documentation may not be considered by the appellate court. Rule 4-4. Stay of Proceedings (and requests for expedited consideration) a. Trial court may stay further proceedings in its discretion. A request for a stay should be first presented to the trial [7]

11 court. Filing of a writ application does not automatically stay proceeding unless expressly ordered by the trial or appellate court. b. When expedited consideration is requested, the application shall include: (1) on the cover a statement in bold print that such consideration is sought, and (2) a statement within the application itself (on a separate page and noted in the index), entitled REQUEST FOR EXPEDIATED CONSIDERATION setting forth justification therefor and a specific time within which action by the appellate court is sought by the application. (3) The applicant shall notify the appellate court immediately of any change in the status of the case. c. If the application requests a stay order or expedited consideration, the application must certify in affidavit form that the trial court and all counsel and unrepresented parties have been notified by telephonic or equally prompt means of communication that said writ application has been or is about to be filed and that the application has been served forthwith on the trial court and all parties at interest or their counsel, by means equal to the means used to effect filing with the appellate court. Rule 4-5. Contents of the Application a. The original application: (1) shall be signed by the applicant or counsel of record; and (2) shall contain an affidavit verifying the allegations of the application and certifying that a copy has been delivered or mailed to the respondent judge, opposing counsel, and unrepresented party. b. Pages of the application and attached documents and exhibits shall be: (1) numbered consecutively; [8]

12 (2) hole punched; (3) bound in two places along the top margin; (4) in sections of not more than 250 pages; and (5) no tabs shall be used, (6) nor staples, clips or other fasteners for documents within the bound submission. c. The submission shall contain: (1) An index of all items contained therein; (2) A concise statement of the grounds on which the jurisdiction of the court is involved; (3) A concise statement of the case, including current status of the case and any pending hearing or trial dates; (4) The issues and questions of law presented for determination by the court; (5) The assignments or specifications of error and a memorandum in support of the application, in accordance with Rules and , and a prayer for relief; (6) A copy of the judgment, order, or ruling complained of (if by written judgment order or ruling); (7) A copy of the judge s reasons for judgment (if written); (8) A copy of each pleading on which the judgment, order, or ruling was founded, including the petition in civil cases and the indictment or bill of information in criminal cases; (9) A copy of the opposition and any attachments thereto filed by a party in the trial court or a statement that no opposing written document was filed; (10)A copy of the pertinent court minutes; (11)The notice of intent and return date order required by Rules 4-2 and 4-3; and [9]

13 (12)A separate page entitled REQUEST FOR EXPEDITED CONSIDERATION as required in Rule 4-4(B), if applicable. d. If any trial or hearing date is changed after the application is filed, the application shall notify the appellate court thereof within three business days, and the application shall be supplemented within a week thereof. Rule 4-6. Notices of Disposition of an Application for Writs a. The Clerk shall transmit a copy of the disposition to: (1) The applicant; (2) The opposing party or parties respondent; (3) The trial judge whose ruling has been complained of; (4) The trial court clerk; and (5) Any party who has requested a copy of the disposition. Rule 4-7. Action on Writ Application; Oppositions a. The court may act peremptorily on the application, if circumstances warrant, with or without a response by the opposing party. b. The court may alternatively order a response by the opposing party or a per curiam by the trial court, or may assign the case for argument and/or submission on any day that the court shall select. Rule 4-8. Applicability of Rules The Rules of the court pertaining to appeals and not conflicting with Rules specifically pertaining to applications for writs, when applicable and insofar as practicable, shall govern writ applications and the dispositions thereof. Rule 4-9. Rehearing Rules through apply to requests for rehearings related to writ applications. Note: Under Rule , requests for rehearings will not be considered on writ denials. [10]

14 IV. Pointers on writing writ applications (and briefs) (Courtesy of Roger A. Stetter, Esq.) 1. Write with the reader in mind. Appellate judges have hundreds, if not thousands of pages of materials to read on a weekly/monthly basis. Your brief should be clean, succinct, well organized, flowing, to the point, and appealing to the eye. Make your brief as appealing to read as possible. Especially important (in my opinion) is the font size and line spacing. I have found that Times New Roman, size 14, double-spaced (except for items that are traditionally single spaced) is comfortably readable. Also, using shorter paragraphs, sections, including section headings, lots of listings or bulleting, and summaries, help guide the reader along to your ultimate conclusions. 2. Be brief. Appellate judges neither have the time, nor the ambition or inclination to read long, rambling, unorganized briefs. Keep things short and to the point as much as possible. Include only what you need to include, no more, no less. 3. Always take the high road. Personal attacks on litigants or opposing counsel highly irritate judges and undermine your credibility. Do not respond in kind. Be especially respectful to the lower court judge, even if you entirely disagree with everything contained in the ruling under review. 4. Let the judge decide. Do not tell the judges what they must do or write in a condescending manner. Provide the judges with sufficient facts and law to decide the matter at hand with a minimum of effort and in a manner that is fair and just. 5. Don t overplay your hand. Do not go beyond what is necessary to win a legal argument. Avoid unnecessary embellishment, exaggeration and redundancy. Sometimes it is best to take a low-key approach. 6. Act in haste, repent at leisure. Good written advocacy requires careful and thorough preparation. Read, research, and prepare a conceptual outline before you actually begin writing your brief. Then jump right in and write your brief. A hastily conceived and written brief, without sufficient research and reflection, will often miss the point and waste a lot of time for all concerned. [11]

15 7. Don t repeat your opponent s argument in detail. Rather, all that is usually required is an accurate summary of your opponent s argument. Then plow ahead with your argument. 8. Read and follow the rules. The Uniform Rules, Courts of Appeal, are there for a reason. Although you can get by sometimes skirting around the rules, more often than not, failing to follow the rules could undermine not only your personal credibility, but also the credibility of your case. V. Processing and Handling of Writ Applications in the La. Fifth Circuit Court of Appeal Generally, writ applications filed in the La. Fifth Circuit Court of Appeal are processed and handled as follows: 1. Writ application is filed with Clerk of Court s Office. 2. Clerk s Office quickly preliminarily screens the application to confirm that proper form has been followed, to confirm that proper documents/exhibits have been attached, to make a preliminary determination as to jurisdiction, etc. 3. Clerk s Office collects appropriate filing fees. 4. Clerk s Office immediately scans the entire writ application into the Court s case management database system. 5. Clerk s Office immediately randomly assigns the application to a three-judge panel and randomly designates one of the panel members as the writing judge, one as the backup judge, and one as the panel judge. 6. Clerk s Office sends an to all three judge panel member groups (judge, law clerks and secretary) advising them that the subject application has been filed, assigning the judges respectively as writing, backup, and panel for that particular application, and advising them that the application can be immediately viewed on the Court s case management database system. 7. Each judge and staff members immediately review the application for any potential conflicts of interest. If a conflict of interest is found, that judge promptly notifies the Clerk s Office of the need for that judge to be recused in the case and a new judge is randomly assigned to the panel in place of the recused judge. 8. The individual judges and their respective law clerks assigned to the application carefully review the merits of the application. [12]

16 9. At any point in the process, any member of the panel can request or order a response or opposition to the application from the opposing party. 10. The matter is generally held in abeyance until the writing judge submits a written proposed disposition by to the other two panel member judges and their staffs. 11. Upon receipt of the writing judge s proposed disposition, the other two judges respond back by as to their respective agreement or disagreement with the proposed disposition, and any suggested edits to the proposed disposition. 12. Face-to-face and/or telephone conferences between the panel members judges to discuss the merits of the application are held when necessary and appropriate. 13. Once the judges reach a consensus as to the disposition, the disposition is printed out by the writing judge s secretary and circulated to the panel member judges for initials. 14. In a civil writ, if two judges agree to deny the application, then the third judge can dissent to the disposition and submit reasons for his dissent. 15. In a civil writ, all three members of the panel must agree to grant the writ (i.e., reverse the lower court s ruling). If one judge wants to deny the writ, the application needs to go to a five-judge panel. Two more judges are randomly added to the panel and then any three votes in agreement will control the disposition (grant or deny the writ). 16. In a criminal writ, only two judges have to agree to grant the writ. 17. Once the disposition is initialed, it is sent to the Clerk s Office for immediate dissemination to all appropriate persons. 18. Our goal in the Fifth Circuit is to have all dispositions handed down within thirty days of original filing. Sometimes this is not possible because of the complexity of the case or if there is a request for oppositions to the application. 19. Emergency writs applications are handled almost the same way, except everything is done in a very expedited fashion (dispositions are usually handed down within 24 hours of filing). [13]

17 VI. Appealable or Writable La. C.C.P. arts and 2083 Event Comments Code Article/Rule Appealable judgments Judgments, interlocutory and final Final judgment partial final judgment Appealable - partial final judgments Appealable judgments - bifurcated trials Appealability sanctions Partial judgment not appealable without designation Appeal may be taken from: 1) Final judgment; 2) Interlocutory judgment only when expressly permitted by law; 3) Judgment of remittur or additur. 4) Rulings on class certification A judgment that determines the merits is final. A judgment that determines only preliminary matters is interlocutory. Final judgment must be signed by the judge. Partial judgment under art. 1915(A) is appealable. Partial judgment under art. 1915(B) is not appealable without designation after an express determination that there is no just reason for delay. Partial Final Judgment does not adjudicate all issues in case. Ruling on Summary Judgment, exception or motion on the pleadings, which dismisses a party is appealable. Judgment on principle or incidental demand when tried separately, are appealable. Bifurcated trials, judgments on liability and damages are appealable separately. Judgments that impose sanctions or disciplinary action (i.e., contempt) are appealable. Judgment not resolving all of the claims which do not dismiss a party, render bifurcated judgment or impose sanction is not appealable unless designated as a final judgment by the court after an express determination that there is no just reason to delay. Any decisions not a final judgment can be revised prior to final judgment. La. C.C.P. art La. C.C.P. art. 592 La. C.C.P. art La. C.C.P. art La. C.C.P. art. 1915(A) (1-3) La. C.C.P. art. 1915(A) (4-5) La. C.C.P. art. 1915(A) (6) La. C.C.P. art. 1915(B) [14]

18 VII. Court of Appeal -Writ Pipeline Event Trial court issues interlocutory judgment, ruling or order Notice of intention to apply for writs Motion to set return date for writ application Stay of proceedings and expedited consideration Comments The trial court may issue interlocutory judgments, rulings or orders orally or in writing. However, when the case has been taken under advisement for the purpose of deciding whether an interlocutory judgment or order should be rendered, the interlocutory judgment shall be reduced to writing and the clerk shall mail notice of the subsequent judgment to each party. Once the interlocutory judgment, ruling or order is issued, the aggrieved party (known as the relator in writ practice) gives the trial court and all other parties (known as respondents in writ practice) simultaneous notice of his intention to apply for relief to the court of appeal under the appellate court s supervisory jurisdiction. Notice of intent may be given orally in open court or in writing. After providing notice of intent, the relator moves the trial court to fix a return date for the filing of the writ application in the court of appeal. The trial court fixes an explicit return date not to exceed 30 days from the date of the notice (civil) or the (criminal) ruling at issue. The trial court or the court of appeal may grant an extension of the return date, if the extension request is made before expiration of the original or a previously extended return date. The filing of a writ application does not stay further proceedings in the case. The relator must request a stay, first from the trial court, and if denied, then from the court of appeal. If the relator seeks expedited consideration of the writ application by the court of appeal, the application cover must state that expedited consideration is requested, and the application must contain a statement setting out the justification for the request. Code Article/Ru le La. C.C.P. art URCA Rule 4-2 URCA Rule 4-3 URCA Rule 4-4 [15]

19 Writ application preparation Filing of the writ application Action on the writ application Notice of disposition on the writ application Application for rehearing The relator is solely responsible for preparing the writ application. The application must contain the items specified in Rule 4-5 of the Uniform Rules, as well as documentation of the return date or any extension fixed by the trial court. The relator files an original and 3 copies of the writ application with the clerk of the court of appeal. The relator must also provide copies of the writ application to the trial judge and all respondents. The court of appeal clerk allots the writ application to a panel for action. The panel may act on the writ application with or without an opposition from the respondents or a per curiam from the trial court. If the respondents wish to file an opposition or the trial judge wishes to file a per curiam, the court of appeal clerk should be notified immediately. The panel has the discretion to authorize the filing of an opposition or a per curiam. The exercise of supervisory jurisdiction is discretionary with the court of appeal. The court of appeal clerk mails a copy of the writ disposition to the trial judge, the trial court clerk, and all parties. Immediate notice of the disposition may be given by telephone, followed by the required mailing of notice. Applications for rehearings on writs are governed by the same rules covering rehearing applications on appeals. Rehearings on writ denials are not considered. URCA Rules 4-3 and 4-5 URCA Rules 4-1 and 4-5 URCA Rule 4-7 URCA Rule 4-6 URCA Rule 4-9 [16]