In Re: Todd Benn ( 2023 )

IN RE: TODD BENN NO. 23-KH-591 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA December 19, 2023 Linda Wiseman First Deputy Clerk IN RE TODD BENN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEVEN C. TUREAU, DIVISION "D", NUMBER 2474 Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst, and Scott U. Schlegel WRIT GRANTED In this pro se writ application requesting mandamus relief, relator, Todd Benn alleges the district court has failed to act upon his pro se factual innocence post-conviction relief application, which he filed in the district court on November 23, 2022, entitled “Memorandum in Support of Successive Application for Post-Conviction Relief Pursuant to LSA-C.Cr.P. art. 926.2” and his request to set a contradictory hearing pursuant to La. C.Cr.P. art. 926.3 in order for the district court to consider his factual innocence claim. Our review of the official record reflects that while relator’s request for a contradictory hearing was denied by the district court on January 11, 2022 [sic], the record does not contain a judgment or ruling adjudicating the merits of relator’s factual innocence claim. Accordingly, we grant relator’s request for mandamus relief and order the district court to rule on relator’s application for post-conviction as it relates to his claim of factual innocence within thirty days of this order, if it 23-KH-591 has not already done so. The district court is further ordered to provide a copy of its ruling to this Court and to relator. Gretna, Louisiana, this 19th day of December, 2023. SMC SJW SUS 2 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 ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. SCOTT U. SCHLEGEL 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 12/19/2023 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: 23-KH-591 E-NOTIFIED 23rd Judicial District Court (Clerk) Honorable Steven C. Tureau (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Honorable Ricky L. Babin (Respondent) Todd Benn #384760 (Relator) District Attorney Elayn Hunt Correctional Center 23rd Judicial District Court 6925 Highway 74 Post Office Box 1899 St. Gabriel, LA 70776 Gonzales, LA 70707