BEN H. SCOTT
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
Appealed from the Nineteenth Judicial District Court In and
for the Parish of East Baton Rouge State of Louisiana Suit
Number C664331 Honorable R. Michael Caldwell, Presiding
Scott In Proper Person
A. Allemand Terry M. Boudreaux Assistant District Attorneys
Gretna, LA Counsel for Defendant/Appellee Paul D. Connick,
Jr., District Attorney 24th Judicial District Court
BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
Ben Scott, appeals from a judgment of the district court
dismissing with prejudice his writ of habeas corpus for lack
of subject matter jurisdiction. For the reasons that follow,
AND PROCEDURAL HISTORY
was convicted of First Degree Robbery, a violation of La.
R.S. 14:64.1, and was sentenced to forty years imprisonment.
Scott's conviction was upheld in State v. Scott.
06-134 (La.App. 5th Cir. 7/25/06), 939 So.2d 462, writ
denied, 06-2133 (La. 3/3/07), 953 So.2d 61, and he was
denied post-conviction relief in State ex rel. Scott v.
State, 15-1611 (La. 10/17/16), 202 So.3d 479 (per
curiam). On December 14, 2017, Scott filed an Application for
a Writ of Habeas Corpus pursuant to La. C.Cr.P. arts. 351,
and 352-354 in the Nineteenth Judicial District Court (JDC).
The application asserts that Scott was convicted based upon
false testimony that led to a suggestive identification of
him in open court, that he was denied a fair suppression
hearing, and that his 14th Amendment and Due
Process rights were violated.
February 6, 2018, Paul D. Connick, Jr., the District Attorney
for the Twenty-Fourth JDC, responded to Scott's
application for writ of habeas corpus and asserted that
Scott's application should be dismissed because the
relief he seeks must be sought through an application for
post-conviction relief. Alternatively, Connick requested that
the court transfer Scott's petition to the Twenty-Fourth
JDC to be treated as an application for post-conviction
relief. The Commissioner for the Nineteenth JDC assigned to
review the matter thereafter submitted a screening report,
wherein she determined that the district court lacked
jurisdiction to hear Scott's complaint, because it was
not an actual application for writ of habeas corpus, but it
was a collateral attack on the petitioner's criminal
conviction. The Commissioner noted that the application does
not challenge the authority of the Department of Public
Safety and Corrections (Department), but rather, it
challenges the validity of Scott's conviction. As such,
the Commissioner recommended that Scott's application be
dismissed with prejudice. The district court thereafter
signed a judgment in conformity with the screening report,
ordering that Scott's writ of habeas corpus be dismissed
with prejudice for lack of subject matter jurisdiction. Scott
now appeals from the district court's judgment.
Code of Criminal Procedure article 351 provides:
Habeas corpus is a writ commanding a person who has another
in his custody to produce him before the court and to state
the authority for the custody.
"Custody" as used in this Title means detention or
confinement as a result of or incidental to an instituted or
anticipated criminal proceeding.
The provisions of this Title are not available to persons
entitled to file an application for post conviction relief
under Title ...