Opinion
NO. 2020 KW 1020
01-14-2021
STATE OF LOUISIANA v. CHRISTOPHER GAUDET
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, 36,321 (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 /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT