STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 1020 VERSUS

CHRISTOPHER GAUDET JANUARY 14, 2021

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, 35, 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

DEPUTY tLERK OF COURT FOR THE COURT