Bobby Sneed v. Tim Hooper, Warden

Louisiana Court of Appeal

Bobby Sneed v. Tim Hooper, Warden

Louisiana Court of Appeal·Decided December 10, 2021·No. 2021CW1544·Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BOBBY SNEED NO. 2021 CW 1544

VERSUS

TIM HOOPER, WARDEN DECEMBER 10, 2021

In Re: Louisiana Committee on Parole and Executive Director Francis Abbott, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 711804.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

STAY LIFTED; WRIT DENIED. JEW MRT

Mcclendon, dissents. J. , I would reverse the portion of the district court's December 9, 2021 judgment which ordered Warden Tim Hooper to immediately release Bobby Sneed from the custody of the Louisiana State Penitentiary. Pursuant to La. R.S. 15:574.ll(C), immediate release is not an available remedy for the district court's finding that Mr. Sneed's due process rights were violated. I would remand this matter to the district court with instructions to remand this matter to the Committee on Parole to conduct a parole revocation hearing in accordance with applicable law.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BOBBY SNEED NO. 2021 CW 1544

VERSUS

TIM HOOPER, WARDEN DECEMBER 10, 2021

In Re: Louisiana Committee on Parole and Executive Director Francis Abbott, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 711804.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

STAY LIFTED; WRIT DENIED. JEW MRT

Mcclendon, dissents. J. , I would reverse the portion of the district court's December 9, 2021 judgment which ordered Warden Tim Hooper to immediately release Bobby Sneed from the custody of the Louisiana State Penitentiary. Pursuant to La. R.S. 15:574.ll(C), immediate release is not an available remedy for the district court's finding that Mr. Sneed's due process rights were violated. I would remand this matter to the district court with instructions to remand this matter to the Committee on Parole to conduct a parole revocation hearing in accordance with applicable law.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

Bobby Sneed v. Tim Hooper, Warden, (La. Ct. App. 2021).

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