State ex rel. Gallagher v. State

Supreme Court of Louisiana

State ex rel. Gallagher v. State

452 So. 2d 166, 1984 La. LEXIS 9332

Supreme Court of Louisiana·Decided June 27, 1984·No. No. 84-KH-0985·Published·Cited by 2 cases

Opinion

IN RE: Steven Gallagher applying for Writ of Habeas Corpus, from Criminal District Court, Parish of Orleans, No. 289-817, Section “F”, Fourth Circuit Court of Appeal, No. K-2234.

Granted. The district court is ordered to grant relator mandatory credit for work performed under La.R.S. 15:571.10(A). The sheriff is ordered to exercise discretion on an individual basis on the issue of whether relator should be granted a diminution of sentence under La.R.S. 15:571.10(B).

MARCUS, BLANCHE and WATSON, JJ., dissent, being of the opinion that the matter is entirely within the sheriff’s discretion. LSA-RS 15:571.10(B).

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IN RE: Steven Gallagher applying for Writ of Habeas Corpus, from Criminal District Court, Parish of Orleans, No. 289-817, Section “F”, Fourth Circuit Court of Appeal, No. K-2234.

Granted. The district court is ordered to grant relator mandatory credit for work performed under La.R.S. 15:571.10(A). The sheriff is ordered to exercise discretion on an individual basis on the issue of whether relator should be granted a diminution of sentence under La.R.S. 15:571.10(B).

MARCUS, BLANCHE and WATSON, JJ., dissent, being of the opinion that the matter is entirely within the sheriff’s discretion. LSA-RS 15:571.10(B).

State ex rel. Gallagher v. State, 452 So. 2d 166, 1984 La. LEXIS 9332 (La. 1984).

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Opinion

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