State of Louisiana Versus Trenton Gavin

• Court: Louisiana Court of Appeal
• Decided: July 17, 2023
• Docket: 23-K-327
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 23-K-327

VERSUS FIFTH CIRCUIT

TRENTON GAVIN COURT OF APPEAL

STATE OF LOUISIANA

July 17, 2023

Linda Wiseman First Deputy Clerk

IN RE TRENTON GAVIN

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 23-388

Panel composed of Judges Stephen J. Windhorst, Cornelius E. Regan, Pro Tempore, and Jason Verdigets, Pro Tempore

WRIT GRANTED

Relator, Trenton Gavin, seeks review of the trial court’s refusal to consider

the merits of his pro se Motion to Quash filed on April 10, 2023, and his pro se

Motion to Suppress the Evidence filed on April 24, 2023, on the grounds that he is

represented by an attorney. For the following reasons, we grant this writ

application.

According to the June 1, 2023 minute entry included in this writ application,

the trial court advised defendant that his pro se motions had been received, but

“Defendant does have an attorney appointed to represent him [and] any and all

motions must be filed by attorney.” Subsequently, on June 29, 2023, defense

counsel filed omnibus motions, including a Motion to Suppress Evidence, but did

not file a Motion to Quash. The trial court set the counseled motions for hearing

on July 6, 2023. On July 6, 2023, the hearing on these motions was continued to

July 27, 2023. In State v. Thibodeaux, 17-705 (La. 12/6/17), 236 So.3d 1253, 1254, the

Louisiana Supreme Court found that the trial court erred by rejecting all pro se

filings by represented defendants without reference to their disruptive potential.

In accordance with Thibodeaux, supra, we grant this writ application for the

limited purpose of remanding to the trial court to consider relator’s pro se motions.

In its consideration of the pro se motions, the court may determine whether

defense counsel wishes to adopt relator’s pro se motions and, if not, evaluate its

disruptive potential, as provided in Thibodeaux. See also McReynolds v. State, 20-

459 (La. App. 5 Cir. 1/12/21) (unpublished writ disposition) and Spellman v.

Jefferson Parish, et al., 20-44 (La. App. 5 Cir. 5/7/20) (unpublished writ

disposition). To the extent that the counseled Motion to Suppress Evidence covers

the issues set forth in relator’s pro se Motion to Suppress the Evidence, we note

that the matter will be heard at the motion hearing on July 27, 2023.

Gretna, Louisiana, this 17th day of July, 2023.

CER SJW JMV 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 ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. CORNELIUS E. REGAN, PRO TEM 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 07/17/2023 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:

23-K-327 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE) Thomas J. Butler (Respondent)

MAILED Trenton Gavin #1000335447 (Relator) Post Office Box 388 Gretna, LA 70054