Aug 232012
Vincent Simmons has been fighting for an evidentiary hearing for decades. He filed an application for rehearing pro se on May 17, 2011, with the Court of Appeal (Third Circuit) in Lake Charles, Louisiana. (Case number: CW 11-00608) The court did not consider the application and explained the denial of October 13, 2011, almost two months later in writing:
“An application for rehearing from a ruling denying a writ application is not permitted pursuant to Uniform Rules—Courts of Appeal, Rule 2–18.7. Furthermore, this court cannot consider arguments and evidence which have not been presented to the trial court.” (See the Opinion)
According to that Rule (page 24 of 42), a rehearing is considered when the court either “granted a writ application on the merits,” “dismissed an appeal,” or “ruled on the merits of an appeal.”
On August 22, 2012, the Supreme Court of Louisiana denied Vincent Simmons’ Writ Application:
2012-KH-0247 STATE EX REL. VINCENT SIMMONS v. STATE OF LOUISIANA (Parish of Avoyelles)
KNOLL, J., recused.
