Brandon Gray, Sr. Versus State of Louisiana

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7/27/20)(unpublished writ disposition).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