State of Louisiana Versus Trenton Gavin ( 2023 )

STATE OF LOUISIANA NO. 23-K-327
VERSUS FIFTH CIRCUIT
TRENTON GAVIN COURT OF APPEAL
STATE OF LOUISIANA
July 17, 2023
Linda Wiseman
First Deputy Clerk
IN RE TRENTON GAVIN
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D.
ENRIGHT, JR., DIVISION "N", NUMBER 23-388
Panel composed of Judges Stephen J. Windhorst,
Cornelius E. Regan, Pro Tempore, and Jason Verdigets, Pro Tempore
WRIT GRANTED
Relator, Trenton Gavin, seeks review of the trial court’s refusal to consider
the merits of his pro se Motion to Quash filed on April 10, 2023, and his pro se
Motion to Suppress the Evidence filed on April 24, 2023, on the grounds that he is
represented by an attorney. For the following reasons, we grant this writ
application.
According to the June 1, 2023 minute entry included in this writ application,
the trial court advised defendant that his pro se motions had been received, but
“Defendant does have an attorney appointed to represent him [and] any and all
motions must be filed by attorney.” Subsequently, on June 29, 2023, defense
counsel filed omnibus motions, including a Motion to Suppress Evidence, but did
not file a Motion to Quash. The trial court set the counseled motions for hearing
on July 6, 2023. On July 6, 2023, the hearing on these motions was continued to
July 27, 2023.
In State v. Thibodeaux, 17-705 (La. 12/6/17), 236 So.3d 1253, 1254, the
Louisiana Supreme Court found that the trial court erred by rejecting all pro se
filings by represented defendants without reference to their disruptive potential.
In accordance with Thibodeaux, supra, we grant this writ application for the
limited purpose of remanding to the trial court to consider relator’s pro se motions.
In its consideration of the pro se motions, the court may determine whether
defense counsel wishes to adopt relator’s pro se motions and, if not, evaluate its
disruptive potential, as provided in Thibodeaux. See also McReynolds v. State, 20-
459 (La. App. 5 Cir. 1/12/21) (unpublished writ disposition) and Spellman v.
Jefferson Parish, et al., 20-44 (La. App. 5 Cir. 5/7/20) (unpublished writ
disposition). To the extent that the counseled Motion to Suppress Evidence covers
the issues set forth in relator’s pro se Motion to Suppress the Evidence, we note
that the matter will be heard at the motion hearing on July 27, 2023.
Gretna, Louisiana, this 17th day of July, 2023.
CER
SJW
JMV
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
CORNELIUS E. REGAN, PRO TEM 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 07/17/2023 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:
23-K-327
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
Thomas J. Butler (Respondent)
MAILED
Trenton Gavin #1000335447 (Relator)
Post Office Box 388
Gretna, LA 70054