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

CourtSupreme Court of Louisiana

DecidedApril 8, 2019

DocketNo. 2018-CI-52

StatusPublished

This text of 267 So. 3d 70 (Ballard v. La. Dep't of Pub. Safety & Corr.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

267 So. 3d 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-la-dept-of-pub-safety-corr-la-2019.