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 App. 5 Cir. 6/28/24)(unpublished writ disposition).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