Richard Benoit v. Kirt Guerin, Warden Elayn Hunt Correctional Center

Supreme Court of Louisiana
June 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
RICHARD BENOIT
VS.
KIRT GUERIN, WARDEN ELAYN HUNT
CORRECTIONAL CENTER
No. 2023-KP-00250
_ _ _ _
_ _
IN R
E: Richard Benoit - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish
of St. Charles, 29th Judicial District Court Number(s) 12,159, Court of Appeal, Fifth
Circuit, Number(s) 22-KH-547;
_ _ _ _ _ _
June 07, 2023
Stay denied. Writ application denied. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
06/07/2023 "See News Release 028 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 23-KP-0250
RI
CHARD BENOIT
v.
K
IRT GUERIN, WARDEN,
ELAYN HUNT CORRECTIONAL CENTER
O
N SUPERVISORY WRITS TO THE TWENTY-NINTH
JUDICIAL DISTRICT COURT, PARISH OF ST. CHARLES
PE
R CURIAM:
M
otion denied; writ denied. The original application for post -conviction
relief was not timely filed in the district court with respect to applicant’s conviction
for sexual battery. His conviction and sentence on that count became final in
January 2018. La.C.Cr.P. art. 922; La.S.Ct.R. X, § 5(a). Resentencing on a separate
count of conviction did not restart the time limitations of La.C.Cr.P. art. 930.8 with
respect to the sexual battery conviction. See State v. Brumfield , 2013 -2390, p. 3
(La. 11/14/14), 152 So.3d 870, 871. Thus, his application for post-conviction relief
filed on July 10, 2020, was untimely with respect to his sexual battery conviction.
Applicant fails to carry his burden to show that an exception applies. La.C.Cr.P.
art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189.
Additionally, because a district court only has the authority to allow
amendment or supplement of a timely filed application for post- conviction relief,
the district court had no authority to allow a supplemental or amended application
with respect to the sexual battery conviction. See State ex rel. Benn v. State , 2011-
2418, p. 1 (La. 6/22/12), 90 So.3d 1045 (“Established jurisprudence of this Court
grants district judges the discretion to allow or to refuse amendment of timely filed
06/07/23

2

but not yet ruled-on applications for post -conviction relief.”) (emphasis added).
Accordingly, applicant’s remaining post- conviction claims should be considered
by the district court only with respect to his conviction for attempted aggravated
incest.
Lastly, applicant shows no error in the court of appeal’s denial with respect
to his factual innocence claims. See La.C.Cr.P. art. 926.2(B)(1) (“petitioner shall
present new, reliable, and noncumulative evidence that would be legally
admissible at trial and that was not known or discoverable at or prior to trial”)
(emphasis added); see also Schane v. International Board of Teamsters, 760 F.3d
585, 589 (7th Cir. 2014) (“In propositional logic . . . the rule of inference that n ot
(X or Y) is equivalent to not X and not Y . . . is known as one of De Morgan’s
Laws.”) (internal quotes omitted).