Shedrick Givens Versus Tim Hooper, Warden

SHEDRICK GIVENS NO. 24-KH-384

VERSUS FIFTH CIRCUIT

TIM HOOPER, WARDEN COURT OF APPEAL

STATE OF LOUISIANA

August 22, 2024

Linda Wiseman
First Deputy Clerk

IN RE SHEDRICK GIVENS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE R. CHRISTOPHER
COX, III, DIVISION "B", NUMBER 95-2188

Panel composed of Judges Jude G. Gravois,
John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED

In June of 1996, the relator was found guilty of second-degree murder by a
jury. He was thereafter sentenced to life imprisonment at hard labor without benefit
of parole, probation, or suspension of sentence. On appeal, this Court affirmed
relator’s conviction and sentence, and the Louisiana Supreme Court denied his writ
application. State v. Givens, 97-17 (La. App. 5 Cir. 10/15/97), 701 So.2d 1042,
writ denied, 97-2893 (La. 3/27/98), 716 So.2d 884. Since that time, the relator
filed numerous applications for post-conviction relief (“APCR”), and the Louisiana
Supreme Court ruled in 2018 that the relator has exhausted his right to state
collateral review. State ex rel. Givens v. State, 17-0238 (La. 4/20/18), 240 So.3d
916.

In the relator’s most recent APCR filing, he asserted that the district court
lacked subject matter jurisdiction over his criminal trial on the grounds of double
jeopardy and the absence of a grand jury indictment. The trial court denied the
APCR as being time barred, repetitive, and successive. As to the merits of the
claims, the court found that the relator had not carried his burden of proof under
La. C.Cr.P. art. 930.2. In the instant writ application, the relator contends that the
trial court erred in denying his APCR as time barred, repetitive, successive, and
without merit.

As correctly noted by the trial court, the relator originally raised the issue of
double jeopardy on appeal and his argument was found to be without merit by both
this Court and the Louisiana Supreme Court. Similarly, the relator’s claim about
the trial court’s subject matter jurisdiction based on the amendment of charges by
the State has also previously been addressed and denied by this Court and the

24-KH-384

supreme court in prior writ applications. See, Givens v. State, 10-103 (La. App. 5
Cir. 2/8/10), writ denied, State ex rel. Givens v. State, 11-1999 (La. 5/4/12), 88
So.3d 460; Givens v. State, 19-605 (La. App. 5 Cir. 1/3/20), unpublished
disposition, writ denied, Givens v. State through Att'y Gen.'s Off., 20-268 (La.
10/6/20), 302 So.3d 514. Thus, the claims in the relator’s most recent APCR are
repetitive under La. C.Cr.P. art. 930.4. In addition, the application was not timely
filed in the district court, and relator 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. On the showing made, the relator’s writ application is
denied.

Gretna, Louisiana, this 22nd day of August, 2024.

JJM
JGG
TSM

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
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 08/22/2024 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-384
E-NOTIFIED
24th Judicial District Court (Clerk)
R. Christopher Cox, III (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Shedrick Givens #328052 (Relator)
Louisiana State Penitentiary
Angola, LA 70712