Summary
The Louisiana Court of Appeal, First Circuit denied Damien Gaston's application for supervisory writs because he failed to include relevant portions of the district court record. The court stated that supplementation would not be considered and authorized a new application by March 10, 2026, while a concurring and dissenting opinion addressed sentencing considerations under La. Code Crim. P. art. 894.1.
Topics
Practice areas
Questions Presented
- Whether the supervisory writ application should be considered when the relator failed to attach portions of the district-court record necessary to evaluate his claims.
- Whether the court should consider the relator's newly raised claim that the district court failed to state the Louisiana Code of Criminal Procedure article 894.1 sentencing factors and reasons for imposing consecutive sentences.
Holdings
- A relator seeking supervisory-writ relief must file and attach the documents and exhibits necessary for the appellate court to review the claims; because Gaston failed to provide material portions of the district-court record, the writ application was denied on the showing made.
- The court would not consider supplementation of the writ application or an application for rehearing.
Key quotations
“WRIT DENIED ON THE SHOWING MADE.”
“The party seeking relief is responsible for filing and attaching all documents and exhibits in connection with an application for writs.”
Factual background
The relator challenged criminal-court proceedings arising under multiple Terrebonne Parish docket numbers. The writ application omitted the bills of information, guilty-plea and sentencing transcript, criminal-court minutes, and other record materials that could support review of the claims. The application also apparently raised, for the first time, a challenge concerning the sentencing court's consideration of Louisiana Code of Criminal Procedure article 894.1 factors and its reasons for consecutive sentences.
Procedural history
Gaston sought supervisory review of district-court proceedings under several criminal docket numbers. The Louisiana First Circuit denied the writ application because Gaston failed to include portions of the district-court record necessary to evaluate his claims. The court stated that supplementation or rehearing would not be considered but authorized a new application without obtaining a return date if filed by March 10, 2026.