In Re: Todd Benn

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