BENOIT v. GUERIN

No. 22-KH-547.

357 So.3d 434 (2023)

Richard BENOIT v. Kirt GUERIN, Warden Elayn Hunt Correctional Center.

Court of Appeal of Louisiana, Fifth Circuit.

January 18, 2023.


Attorney(s) appearing for the Case

COUNSEL FOR PLAINTIFF/RELATOR, RICHARD BENOIT, Emily Posner , New Orleans.

COUNSEL FOR DEFENDANT/RESPONDENT, KIRT GUERIN, WARDEN ELAYN HUNT CORRECTIONAL CENTER, Honorable Joel T. Chaisson, II .

COUNSEL FOR DEFENDANT/RESPONDENT, STATE OF LOUISIANA, DEPARTMENT OF JUSTICE, Jeffrey M. Landry , Grant L. Willis , J. Taylor Gray .

Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst, and Hans J. Liljeberg.


In this writ application, relator, Richard, Benoit, seeks review of the district court's September 20, 2022 judgment denying his supplemental application for post-conviction relief ("APCR"). For the following reasons, we grant relator's writ application, in part, for the limited purpose of remanding the matter to the district court...

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