Opinion
23-K-327
07-17-2023
STATE OF LOUISIANA v. TRENTON GAVIN 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 See also McReynolds v. State, 20459 (La.App. 5 Cir. 1/12/21) (unpublished writ disposition) and Spellman v. Jefferson Parish, et al., 20-44 (La.App. 5 Cir. 5/7/20) (unpublished writ disposition).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.
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