State of Louisiana Versus Kendell Gale

Fifth Circuit Court of Appeal
State of Louisiana

No. 26-K-421

STATE OF LOUISIANA

versus

KENDELL GALE

IN RE KENDELL GALE
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT
COURT, PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
STEVEN C. TUREAU, DIVISION "D", No. 93,79

September 22, 2026

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and John J. Molaison, Jr.

WRIT DENIED

Relator, Kendall Gale, seeks review of the ruling of the 23rd
Judicial District Court (St. James Parish) denying his Motion to Quash
Bill of Information for Improper Venue. In March 2025, the State
charged Relator with possession of a firearm by a convicted felon in
violation of La. R.S. 14:95.1. At the hearing for Relator’s subsequently
denied Motion to Suppress, Detective Victor Marler of the St. James
Parish Sheriff’s Office testified that he smelled marijuana emanating
from a nearby car; the detective also stated he observed the car operating
“carelessly” while traveling on Route 3213, crossing the [Veterans
Memorial] bridge from St. James Parish into St. John the Baptist Parish.
Detective Marler explained that he decided to conduct the traffic stop
after observing Relator argues that, because the alleged offense and
traffic stop occurred in St. John Parish, venue is improper in St. James
Parish. Detective Marler testified he searched the vehicle because he
smelled marijuana; he recovered drug paraphernalia and a firearm.

On the showing made, upon de novo review, we find the district
court did not clearly abuse its discretion in denying Relator’s motion to
quash. See State v. Callero, No. 26-K-100, 2026 WL 1459058, at *3 (La.

App. 5 Cir. 5/22/26). Under La. C.Cr.P. art. 615, improper venue must be
raised in advance of trial by a motion to quash. Venue is a question of
fact, and a jurisdictional matter that shall be proven by the State by a
preponderance of the evidence in advance of trial. La. C.Cr.P. art. 615.7.
La. Const. Art. 1, § 16 guarantees the right to be tried in the parish where
the offense occurred unless venue is changed in accordance with law.

La. C.Cr.P. art. 611 further provides that all trials shall take place
in the parish where the offense has been committed. If acts constituting
an offense or if the elements of an offense occurred in more than one
place, in or out of the parish or state, the offense is deemed to have been
committed in any parish in this state in which any such act or element
occurred. Id. If an offense is continuing in that it goes on in several
parishes but is a completed offense in each parish, there is no venue
problem, since there is a complete offense in each parish. La. C.Cr.P. art.
611, comment (d). La. C.Cr.P. art. 612 provides in pertinent part that if
an offense is committed on a vehicle while in transit in this state and the
exact place of the offense in this state cannot be established, the offense
is deemed to have been committed in any parish through or over which
the vehicle passed and in which the crime could have been committed.
La. C.Cr.P. art. 614 explains that an offense committed on the boundary
line of two parishes or within one hundred feet thereof is deemed to have
been committed in either parish. La. C.Cr.P. art. 213(B) states, “A peace
officer making an arrest pursuant to this Article who is in close pursuit
of the person to be arrested may enter another jurisdiction in this state
and make the arrest.”

Here, Detective Marler’s testimony described how first, the smell of
marijuana, then the observed traffic violations as he, Relator, and the
firearm in Relator’s possession, traveled across the bridge brought the
subject vehicle to his attention. During the incident, as the vehicles
crossed the bridge, they crossed the border from St. James Parish into St.
John the Baptist Parish. Thus, the alleged offense occurred in both
parishes. Considering the foregoing, both parishes are proper venues for
this action. Accordingly, the writ is denied.

Gretna, Louisiana, this 22nd day of September, 2026.

MEJ
FHW
JJM

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
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 09/22/2026 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:

26-K-421
E-NOTIFIED
23rd Judicial District Court (Clerk)
Honorable Steven C. Tureau (DISTRICT JUDGE)
Adam J. Koenig (Respondent) Travis J. Turner (Relator)

MAILED
Alvin J. Turner, Jr. (Relator)
Attorney at Law
413 West Main Street
Gonzales, LA 70737