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Brandon GRAY, Sr. v. STATE of Louisiana
WRIT GRANTED
Relator, Brandon Gray, Sr., seeks mandamus relief that would order the trial court to act upon this Court's directives in State v. Gray, 20-179 (La. App. 5 Cir. 7/27/20)(unpublished writ disposition). In Gray, this Court transferred a pleading containing supplemental post-conviction relief application claims to the trial court for consideration. A review of the official record reflects that the trial court has not followed the directives set forth in Gray.
Therefore, the trial court is ordered to comply with the directives in Gray, render a ruling on the supplemental claims within 60 days of this disposition, and provide proof to this Court of its ruling. The trial court is further ordered to allow the State to file procedural and/or other objections and/or an opposition to the supplemental claims within those 60 days.
Accordingly, the writ application is granted.
Gretna, Louisiana, this 15th day of April, 2021.
While I concur with granting the writ of mandamus, I would do so based solely upon the application presented. I would further order the trial court to act upon the relator's motion, if it has not already done so.
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Docket No: NO. 21-KH-130
Decided: April 15, 2021
Court: Court of Appeal of Louisiana, Fifth Circuit.
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