5th Cir. Court of Appeals Versus Brandon P. Gray, Sr.
Also decided on this docket: La. Ct. App. 5th Cir., October 6, 2025
5th Cir. Court of Appeals Versus Brandon P. Gray, Sr., No. 25-KH-374 (La. Ct. App. 5th Cir. Aug. 20, 2025).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Gray 235 So. 3d 1270
- State v. Bass 239 So. 3d 830
Opinion text
5TH CIR. COURT OF APPEALS NO. 25-KH-374
VERSUS FIFTH CIRCUIT
BRANDON P. GRAY, SR. COURT OF APPEAL
STATE OF LOUISIANA
August 20, 2025
Linda Tran
First Deputy Clerk
IN RE BRANDON P. GRAY, SR.
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE , DIVISION "",
NUMBER 14-5895
Panel composed of Judges John J. Molaison, Jr.,
Scott U. Schlegel, and Timothy S. Marcel
WRIT GRANTED FOR A LIMITED PURPOSE
On September 22, 2016, relator was found guilty by a jury of five counts of
armed robbery in violation of La. R.S. 14:64 (counts one through five) and
aggravated flight from an officer in violation of La. R.S. 14:108.1(C) (count six).
On December 12, 2016, after relator stipulated to the multiple bill, the trial court
vacated relator’s sentence on count one and resentenced him as a second-felony
offender to fifty years imprisonment at hard labor without benefit of parole,
probation, or suspension of sentence. This Court affirmed relator’s convictions
and sentences on December 20, 2017. State v. Gray, 17-166 (La. App. 5 Cir.
12/20/17), 235 So.3d 1270. The Louisiana Supreme Court would not consider
relator’s subsequently filed writ application because it was untimely filed pursuant
to Louisiana Supreme Court Rule X § 5. State v. Gray, 18-250 (La. 4/16/18), 239
So.3d 830 (writ not considered).
In this writ application, relator seeks to compel the trial court to rule on his
second application for post-conviction relief (ACPR), which he claims was filed at
the Twenty-Fourth Judicial District Court on December 18, 2024. The writ
application is deficient because it does not contain a copy of the APCR itself or
evidence that it was filed. Nevertheless, we will grant the application for the
limited purpose of ordering the district court to rule within 14 days on any pending
APCRs that were properly filed by the relator and to provide a copy of any
responsive rulings to this Court.
Gretna, Louisiana, this 20th day of August, 2025.
JJM
SUS
TSM