State ex rel. Tucker v. Ward

Supreme Court of Louisiana

State ex rel. Tucker v. Ward

679 So. 2d 414, 1996 La. LEXIS 2419, 1996 WL 537039

CourtSupreme Court of Louisiana

DecidedSeptember 20, 1996

DocketNo. 94-KH-1850

StatusPublished

Cited by3 cases

This text of 679 So. 2d 414 (State ex rel. Tucker v. Ward) 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.

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State ex rel. Tucker v. Ward, 679 So. 2d 414, 1996 La. LEXIS 2419, 1996 WL 537039 (La. 1996).

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Opinion

In re Tucker, Bruce; — Plaintiffs); applying for supervisory and/or remedial writs; [415]*415Parish of Webster, 26th Judicial District Court, Div. “C”, No. 55,457; to the Court of Appeal, Second Circuit, No. 26635t-KH.

Writ granted in part, otherwise denied. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2 the district court is directed to resen-tence relator to a term which does not include such a prohibition. Except for the one-year restriction provided for in the underlying statute, relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. See St. Amant v. 19th JDC, 94-0567 (La. 9/3/96) 678 So.2d 536; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir.1989).

KIMBALL, J., not on panel.

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In re Tucker, Bruce; — Plaintiffs); applying for supervisory and/or remedial writs; [415]*415Parish of Webster, 26th Judicial District Court, Div. “C”, No. 55,457; to the Court of Appeal, Second Circuit, No. 26635t-KH.

Writ granted in part, otherwise denied. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2 the district court is directed to resen-tence relator to a term which does not include such a prohibition. Except for the one-year restriction provided for in the underlying statute, relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. See St. Amant v. 19th JDC, 94-0567 (La. 9/3/96) 678 So.2d 536; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir.1989).

KIMBALL, J., not on panel.

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679 So. 2d 414, 1996 La. LEXIS 2419, 1996 WL 537039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tucker-v-ward-la-1996.

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