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

Opinion

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

FREDERICKA H. WICKER SUSAN BUCHHOLZ CHIEF DEPUTY CLERK

JUDE G. GRAVOIS MARC E. JOHNSON Court of Appeal LINDA TRAN STEPHEN J. WINDHORST JOHN J. MOLAISON, JR. FIFTH CIRCUIT FIRST DEPUTY CLERK

SCOTT U. SCHLEGEL TIMOTHY S. MARCEL ST AT E O F LO U IS I A N A MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF 101 DERBIGNY STREET (70053)

JUDGES POST OFFICE BOX 489 (504) 376-1400 (504) 376-1498 Fax

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

October 6, 2025

Case Number: 25-KH-374

To All Interested Parties:

This office has determined that this court’s August 20, 2025 writ disposition in this matter was not issued to the lower court on that date. This writ disposition has been re-issued today to all parties and to the lower court.

Sincerely,

CBP/lt 5TH CIR. COURT OF APPEALS NO. 25-KH-374

VERSUS FIFTH CIRCUIT

BRANDON P. GRAY, SR. COURT OF APPEAL

STATE OF LOUISIANA

October 06, 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 DANYELLE M. TAYLOR, DIVISION "O", 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 6th day of October, 2025.

JJM SUS TSM

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 10/06/2025 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:

25-KH-374

E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Danyelle M. Taylor (DISTRICT JUDGE) Thomas J. Butler (Respondent)

MAILED Brandon P. Gray, Sr. #391978 (Relator) Dixon Correctional Institute Post Office Box 788 Jackson, LA 70748