State ex rel. Hill v. State

Supreme Court of Louisiana

State ex rel. Hill v. State

696 So. 2d 983, 1997 La. LEXIS 2091

Supreme Court of Louisiana·Decided June 27, 1997·No. No. 96-KH-1002·Published·Cited by 1 cases

Opinion

In re Hill, Isiah; — Plaintiffs); applying for writ of certiorari and/or review, supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “S”, No. 95-776; to the Court of Appeal, Fifth Circuit, No. 96-KW-0206.

Writ granted. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole, see R.S. 40:967(0(2), the district court is directed to resentence relator to a term which does not include such a prohibition. Relator’s parole eligibility “is to be determined by the Department of Corrections pursuant to R.S. 15:574.4” St. Amant v. 19th J.D.C., 94-0567 (La. 9/3/96), 678 So.2d 536; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir.1989); see also State v. Langlois, 620 So.2d 1193, 1195 (La.App. 4th Cir.1993); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96) 666 So.2d 661; Jackson v. Phelps, 506 So.2d 515, 517-18 (La.App. 1st Cir.1987), writ denied, 508 So.2d 829 (La.1987).

KIMBALL, J., not on panel.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Hill, Isiah; — Plaintiffs); applying for writ of certiorari and/or review, supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “S”, No. 95-776; to the Court of Appeal, Fifth Circuit, No. 96-KW-0206.

Writ granted. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole, see R.S. 40:967(0(2), the district court is directed to resentence relator to a term which does not include such a prohibition. Relator’s parole eligibility “is to be determined by the Department of Corrections pursuant to R.S. 15:574.4” St. Amant v. 19th J.D.C., 94-0567 (La. 9/3/96), 678 So.2d 536; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir.1989); see also State v. Langlois, 620 So.2d 1193, 1195 (La.App. 4th Cir.1993); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96) 666 So.2d 661; Jackson v. Phelps, 506 So.2d 515, 517-18 (La.App. 1st Cir.1987), writ denied, 508 So.2d 829 (La.1987).

KIMBALL, J., not on panel.

State ex rel. Hill v. State, 696 So. 2d 983, 1997 La. LEXIS 2091 (La. 1997).

Pincite

696 So. 2d 983 (State ex rel. Hill v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related