State ex rel. Dalby v. State

Supreme Court of Louisiana

State ex rel. Dalby v. State

239 So. 3d 268

CourtSupreme Court of Louisiana

DecidedApril 6, 2018

DocketNO. 2016–KH–2259

StatusPublished

This text of 239 So. 3d 268 (State ex rel. Dalby v. State) 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

State ex rel. Dalby v. State, 239 So. 3d 268 (La. 2018).

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Opinion

WEIMER, J., recused.

HUGHES, J., concurs and assigns reasons.

To the extent that relator is challenging a DOC rule, policy, or procedure, the conditions of his confinement, or arguing that DOC officials are improperly calculating his release date, he must exhaust his administrative remedies before seeking judicial review. See R.S. 15:1172(B) ; State v. Demouchet , 95-0661 (La. 10/27/95), 661 So.2d 1357 ("Relator must exhaust administrative remedies before seeking judicial review, La. R.S. 15:1172(B), and may subsequently seek that review only in the 19th Judicial District."). After exhausting administrative review, he must direct "any action ... contest[ing] the computation of ... sentence or sentences, discharge, good time dates, or any action concerning parole" to the 19th JDC in East Baton Rouge Parish. R.S. 15:571.15 ("Venue in any action in which an individual committed to the Department of Public Safety and Corrections contests the computation of his sentence or sentences, discharge, good time dates, or any action concerning parole shall be in the parish of East Baton Rouge."); R.S. 15:1171 ; R.S. 15:1177.

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WEIMER, J., recused.

HUGHES, J., concurs and assigns reasons.

To the extent that relator is challenging a DOC rule, policy, or procedure, the conditions of his confinement, or arguing that DOC officials are improperly calculating his release date, he must exhaust his administrative remedies before seeking judicial review. See R.S. 15:1172(B) ; State v. Demouchet , 95-0661 (La. 10/27/95), 661 So.2d 1357 ("Relator must exhaust administrative remedies before seeking judicial review, La. R.S. 15:1172(B), and may subsequently seek that review only in the 19th Judicial District."). After exhausting administrative review, he must direct "any action ... contest[ing] the computation of ... sentence or sentences, discharge, good time dates, or any action concerning parole" to the 19th JDC in East Baton Rouge Parish. R.S. 15:571.15 ("Venue in any action in which an individual committed to the Department of Public Safety and Corrections contests the computation of his sentence or sentences, discharge, good time dates, or any action concerning parole shall be in the parish of East Baton Rouge."); R.S. 15:1171 ; R.S. 15:1177.

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Bluebook (online)

239 So. 3d 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dalby-v-state-la-2018.

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