State Of Louisiana v. Christopher Gaudet
This text of State Of Louisiana v. Christopher Gaudet (State Of Louisiana v. Christopher Gaudet) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 1020
VERSUS
CHRISTOPHER GAUDET JANUARY 14, 2021
In Re: Christopher Gaudet, applying for supervisory writs,
17th Judicial District Court, Parish of Lafourche, No. 541, 211.
BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.
WRIT DENIED. The filing and pursuit of pretrial motions is squarely within the ambit of the attorney' s trial strategy, and
counsel is not required to engage in efforts of futility. State v. Shed, 35, 321 ( La. App. 2d Cir. 9/ 18/ 02), 828 So. 2d 124, 132, writ denied, 2002- 3123 ( La. 12/ 19/ 03), 861 So. 2d 561. Furthermore, the testimony of the victim alone is sufficient to prove the elements of the offense. See State v. Rives, 407 So. 2d 1195, 1197 ( La. 1981). In light of the victims' testimony in this case, relator failed to meet his burden of showing trial counsel' s decision not to request a DNA swab examination was
deficient conduct. Therefore, the district court did not abuse
its discretion by dismissing relator' s application for
postconviction relief without an evidentiary hearing.
JMM GH AHP
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY tLERK OF COURT FOR THE COURT
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