State Of Louisiana v. Robert Lee Johnson

• Court: Louisiana Court of Appeal
• Decided: November 18, 2024
• Docket: 2024KW0710
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 2024 KW 0710

VERSUS

ROBERT JOHNSON NOVEMBER 18, 2024

In Re: Robert Johnson, for 32nd applying supervisory writs,

Judicial District Court, Parish of Terrebonne, No. 770, 233.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED. If relator is making a complaint with regard to the computation of his sentence, La. R. S. 15: 1171( B) grants

authority to the Department of Public Safety and Corrections to adopt administrative procedures to hear, remedy receive, and

dispose of complaints of time computations of sentences. Any complaint pertaining to the time computations, including alleged credit for time served issues, must be raised in a civil proceeding under the Corrections Administrative Procedure ( CARP) Remedy as

provided in La. R. S. 15: 1171- 79 before seeking a remedy from the district court. See Williams v. Creed, 2007- 0614 ( La. 1st App. Cir. 12/ 21/ 07) , 978 So. 2d 419, 422, writ denied, 2008- 0433 ( La. 10/ 2/ 09), 18 So. 3d 111. On review of the Department' s decision, the district court functions as an appellate court. Its review

shall be confined to the record and shall be limited to the issues presented in the petition for review and the administrative remedy request filed at the agency level. See La. R. S. 15: 117 7 ( A) ( 5) ; Ricks v. La. Dept. of Justice, 2023- 0549 ( La. lst App. Cir. 11/ 3/ 23), 378 So. 3d 83. An aggrieved final party may appeal a

judgment of the district court to the appropriate appellate court. La. R. S. 15: 1177( A)( 10).

MRT

WRC CHH

OURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT