5th Cir. Court of Appeals Versus Brandon P. Gray, Sr.

• Court: Louisiana Court of Appeal
• Decided: August 20, 2025
• Docket: 25-KH-374
• Status: Unknown

Opinion

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