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07/31/2008 "See News Release 050 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 08-C-1681

THOMAS A. ROBICHAUX versus

GRAYLING SHIELDS and ARTHUR MORRELL IN HIS OFFICIAL CAPACITY AS CLERK OF CRIMINAL DISTRICT COURT ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

WRIT GRANTED; JUDGMENT OF THE COURT OF APPEAL REVERSED AND SET ASIDE; CASE REMANDED TO THE COURT OF APPEAL, FOURTH CIRCUIT, FOR RECONSIDERATION OF THE APPEAL OF THOMAS A. ROBICHAUX. According to Article 2132 of the Louisiana Code of Civil Procedure, a record on appeal which omits a material part of the trial record may be corrected even after the record is transmitted. In the case at hand, it is clear Plaintiff's Exhibits 2 and 3 were admitted into evidence in the trial court and were not transmitted to the appellate court. Accordingly, we reverse and set aside the July 25, 2008, judgment of the Court of Appeal, Fourth Circuit, in matter No. 2008-CA-0960, Thomas A. Robichaux vs. Grayling Shields and Arthur Morrell, in his capacity as Clerk of Criminal District Court. We further order the appellate court to order the record supplemented with all the evidence properly admitted in the trial court, particularly Plaintiff's Exhibits 2 and 3, and to reconsider expeditiously, with preference and priority, the appeal of Thomas A. Robichaux in light of the supplemented record.



Download 2008-C-1681 THOMAS A. ROBICHAUX v. GRAYLING SHIELDS AND ARTHUR MORRELL, IN HIS O

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