Brandon Gray, Sr. Versus State of Louisiana ( 2021 )

BRANDON GRAY, SR. NO. 21-KH-130 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA April 15, 2021 Susan Buchholz First Deputy Clerk IN RE BRANDON GRAY, SR. APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DANYELLE M. TAYLOR, DIVISION "O", NUMBER 14-5895 Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and John J. Molaison, Jr. WRIT GRANTED Relator, Brandon Gray, Sr., seeks mandamus relief that would order the trial court to act upon this Court’s directives in State v. Gray, 20-179 (La. App. 5 Cir. 7/27/20)(unpublished writ disposition). In Gray, this Court transferred a pleading containing supplemental post-conviction relief application claims to the trial court for consideration. A review of the official record reflects that the trial court has not followed the directives set forth in Gray. Therefore, the trial court is ordered to comply with the directives in Gray, render a ruling on the supplemental claims within 60 days of this disposition, and provide proof to this Court of its ruling. The trial court is further ordered to allow the State to file procedural and/or other objections and/or an opposition to the supplemental claims within those 60 days. Accordingly, the writ application is granted. Gretna, Louisiana, this 15th day of April, 2021. MEJ JGG 21-KH-130 BRANDON GRAY, SR. NO. 21-KH-130 VERSUS FIFTH CIRCUIT STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA MOLAISON, J., CONCURS WITH REASONS While I concur with granting the writ of mandamus, I would do so based solely upon the application presented. I would further order the trial court to act upon the relator’s motion, if it has not already done so. JJM 21-KH-130 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 04/15/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 21-KH-130 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Danyelle M. Taylor (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Brandon Gray Sr. #391978 (Relator) Raymond Laborde Correctional Center 1630 Prison Road Cottonport, LA 71327