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 relators 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 relators factual innocence claim. Accordingly, we grant relators request for mandamus relief and order the district court to rule on relators application for post-conviction as it relates to his claim of factual innocence within thirty days of this order, if it 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
FIFTH CIRCUIT
101 DERBIGNY STREET (70053)
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054
www.fifthcircuit.org
SUSAN M. CHEHARDY
CHIEF JUDGE
FREDERICKA H. WICKER
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON
STEPHEN J. WINDHORST
JOHN J. MOLAISON, JR.
SCOTT U. SCHLEGEL
JUDGES
CURTIS B. PURSELL
CLERK OF COURT
SUSAN S. BUCHHOLZ
CHIEF DEPUTY CLERK
LINDA M. WISEMAN
FIRST DEPUTY CLERK
MELISSA C. LEDET
DIRECTOR OF CENTRAL STAFF
(504) 376-1400
(504) 376-1498 FAX
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
CURTIS B. PURSELL CLERK OF COURT
E-NOTIFIED
23rd Judicial District Court (Clerk)
Honorable Steven C. Tureau (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED
MAILED
Honorable Ricky L. Babin (Respondent)
District Attorney
23rd Judicial District Court
Post Office Box 1899
Gonzales, LA 70707
Todd Benn #384760 (Relator)
Elayn Hunt Correctional Center
6925 Highway 74
St. Gabriel, LA 70776