2020KW1020 Nonprecedential Writ denied Processed

State Of Louisiana v. Christopher Gaudet

Louisiana Court of Appeal, First Circuit · Filed January 14, 2021

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Shed 828 So. 2d 124
State ex rel. Shed v. State 861 So. 2d 561
State v. Rives 407 So. 2d 1195

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1020

VERSUS

CHRISTOPHER GAUDET JANUARY 14, 2021

In Re: Christopher Gaudet, applying for supervisory writs,

17th Judicial District Court, Parish of Lafourche, No.
541, 211.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. The filing and pursuit of pretrial motions is
squarely within the ambit of the attorney' s trial strategy, and

counsel is not required to engage in efforts of futility. State
v. Shed, 35, 321 ( La. App. 2d Cir. 9/ 18/ 02), 828 So. 2d 124, 132,
writ denied, 2002- 3123 ( La. 12/ 19/ 03), 861 So. 2d 561.
Furthermore, the testimony of the victim alone is sufficient to
prove the elements of the offense. See State v. Rives, 407
So. 2d 1195, 1197 ( La. 1981). In light of the victims' testimony
in this case, relator failed to meet his burden of showing trial
counsel' s decision not to request a DNA swab examination was

deficient conduct. Therefore, the district court did not abuse

its discretion
by dismissing relator' s application for

postconviction relief without an evidentiary hearing.

JMM
GH
AHP

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY tLERK OF COURT
FOR THE COURT

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