State of Louisiana Versus Kerry Galinis

STATE OF LOUISIANA NO. 24-KH-377

VERSUS FIFTH CIRCUIT

KERRY GALINIS COURT OF APPEAL

STATE OF LOUISIANA

September 18, 2024

Linda Wiseman
First Deputy Clerk

IN RE KERRY GALINIS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT,
PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CONNIE M.
AUCOIN, DIVISION "C", NUMBER 20,404

Panel composed of Judges Stephen J. Windhorst,
John J. Molaison, Jr., and Scott U. Schlegel

WRIT DENIED

On August 16, 2024, defendant, Kerry Galinis, filed the pending pro se

petition for writ of mandamus requesting that this Court compel the 29th Judicial

District Court “to make a Judgment on the set aside conviction that the State has

defaulted in by failing to answer a Court order by Judge Lemmon.”

According to the official record, defendant previously filed a petition for

writ of habeas corpus with the trial court on June 10, 2024. The trial court denied

defendant’s petition for writ of habeas Corpus on June 11, 2024, stating, “There

are no proceedings pending.” On June 17, 2024, defendant filed a writ of habeas

corpus to this court regarding the trial court’s denial of June 11, 2024. In denying

the writ on June 28, 2024, this court referred to defendant’s application for post-

conviction relief (APCR) filed with the trial court on November 17, 2023 as well

as the Petition for Writ of Habeas Corpus filed on June 10, 2024. State v. Galinis,

24-KH-271 (La. App. 5 Cir. 6/28/24)(unpublished writ disposition).

The pending writ seeks the same relief that was previously denied by this

Court in State v. Galinis, 24-KH-271. To the extent that defendant filed in the trial

court a Motion to Set Aside Conviction and Dismiss Prosecution on February 2,

2024, it refers to the same issues raised in his APCR filed on November 17, 2023.

The trial court has already ruled on the matters contained in the instant writ by

denying defendant’s Petition for Writ of Habeas Corpus on June 11, 2024. This

Court denied defendant’s writ on June 28, 2024.

Thus, in addition to being without merit, the writ is also repetitive.

Defendant is not entitled to reconsideration of this Court’s prior rulings raising

similar claims as those included in the instant application, when this Court has

already denied defendant’s prior writ application. Uniform Rules – Courts of

Appeal, Rule 2-18.7 allows a rehearing on writs only after a writ has been granted

on the merits. In addition, Uniform Rules – Courts of Appeal, Rule 2-18.6

discourages repetitive applications for rehearing.

For these reasons, this writ application is denied.

Gretna, Louisiana, this 18th day of September, 2024.

SUS
SJW
JJM

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. WISEMAN
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 09/18/2024 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:

24-KH-377
E-NOTIFIED
29th Judicial District Court (Clerk)
Honorable Connie M. Aucoin (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Kerry Salas De La Miya #760285 (Relator) Hon. Joel T. Chaisson, II (Respondent)
Calcasieu Correctional Center District Attorney
5410 East Broad Street Twenty-Ninth Judicial District Court
Lake Charles, LA 70615 Post Office Box 680
Hahnville, LA 70057