Ballard v. La. Dep't of Pub. Safety & Corr.

Supreme Court of Louisiana

Ballard v. La. Dep't of Pub. Safety & Corr.

267 So. 3d 70

Supreme Court of Louisiana·Decided April 8, 2019·No. No. 2018-CI-52·Published

Opinion

WEIMER, J., recused.

HUGHES, J., additionally concurs and assigns reasons.

Hughes, J., additionally concurs.

Proper venue for the review of an LPLRA proceeding is in the parish where the offender's prison is situated. See R.S. 15:1184(F) ; see also La. Dist. Ct. R. 60.1(C) & 60.3(A). Thus, the 19th JDC was not empowered here to grant petitioner the relief that he prayed for in his ARP petition. Petitioner is entitled to a hearing on the motion to set aside the dismissal for abandonment.

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WEIMER, J., recused.

HUGHES, J., additionally concurs and assigns reasons.

Hughes, J., additionally concurs.

Proper venue for the review of an LPLRA proceeding is in the parish where the offender's prison is situated. See R.S. 15:1184(F) ; see also La. Dist. Ct. R. 60.1(C) & 60.3(A). Thus, the 19th JDC was not empowered here to grant petitioner the relief that he prayed for in his ARP petition. Petitioner is entitled to a hearing on the motion to set aside the dismissal for abandonment.

Ballard v. La. Dep't of Pub. Safety & Corr., 267 So. 3d 70 (La. 2019).

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