State of Louisiana Versus Dale Brown
CourtLouisiana Court of Appeal
Date FiledOctober 22, 2026
Docket26-KH-482
JudgeFrank A. Brindisi
StatusUnknown
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Full Opinion
Fifth Circuit Court of Appeal
State of Louisiana
No. 26-KH-482
STATE OF LOUISIANA
versus
DALE BROWN
IN RE DALE BROWN
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
FRANK A. BRINDISI, DIVISION "E", No. 14-373
October 22, 2026
Panel composed of Judges Jude G. Gravois,
Scott U. Schlegel, and Timothy S. Marcel
WRIT DENIED
Relator, Dale Brown, seeks this Court’s supervisory review of the trial court’s
September 10, 2026 ruling which denied his motion to correct illegal sentence. For
the following reasons, we find no error in the trial court’s ruling and deny the writ
application.
On August 26, 2014, relator was found guilty by a jury of armed robbery
(count one) and aggravated flight from an officer (count two). On September 2,
2014, the trial court sentenced relator to seventy-five years imprisonment at hard
labor without the benefit of parole, probation, or suspension of sentence on count
one, and two years imprisonment at hard labor on count two. Relator’s convictions
and sentences were affirmed by this Court on September 15, 2015. State v. Brown,
15-96 (La. App. 5 Cir. 9/15/15), 173 So.3d 1262. On October 10, 2016, the
Louisiana Supreme Court denied relator’s writ application. State v. Brown, 15-1872
(La. 10/10/16), 207 So.3d 403.
On September 2, 2026, relator filed a Motion to Correct an Illegal Sentence
with the district court. In it, relator argued that the United States Supreme Court’s
decision in Ramos v. Louisiana, 590 U.S. 83, 140 S.Ct. 1390, 206 L.Ed.2d 583
(2020), which held that a defendant who is tried for a serious crime has a right to a
unanimous jury verdict, should have been applied retroactively to his case. As part
of his argument, relator claimed that State v. Reddick, 21-1893 (La. 10/21/22), 351
So.3d 273, 283, in which the Louisiana Supreme Court held that “the new rule of
criminal procedure announced in Ramos that requires unanimity in jury verdicts is
not retroactive on state collateral review in Louisiana,” was in violation of the
Thirteenth Amendment.
The district court denied the motion, finding the pleading successive and
repetitive, as relator had previously raised a similar claim in a prior motion to correct
illegal sentence, which was subsequently denied by this Court and the Louisiana
Supreme Court. See State v. Brown, 23-KH-254 (La. App. 5 Cir. 5/16/23), writ
denied, 23-876 (La. 11/15/23), 373 So.3d 72. Further, the district court found that
relator failed to show illegality in his sentence, as the term of the sentence imposed
was clearly within the statutory parameters established by law.
Upon review, on the showing made, we find no error in the trial court’s ruling
which found relator’s application repetitive and successive, as relator has raised this
issue previously, as noted above. Further, if considered an application for post-
conviction relief, relator’s application is untimely pursuant to La. C.Cr.P. art.
930.8(A), which provides in pertinent part: “No application for post-conviction relief
including applications which seek an out-of-time appeal, shall be considered if it is
filed more than two years after the judgment of conviction and sentence have become
final.” Additionally, none of the exceptions in La. C.Cr.P. art. 930.8(A) are
applicable to relator’s claim.
Accordingly, the writ application is denied.
Gretna, Louisiana, this 22nd day of October, 2026.
JGG
SUS
TSM
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 10/22/2026 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
26-KH-482
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
Matthew R. Clauss (Respondent)
MAILED
Dale Brown #418906 (Relator)
Raymond Laborde Correctional Center
1630 Prison Road
Cottonport, LA 71327