Supreme Court of Louisiana, 1978

State ex rel. Williams v. Phelps

State ex rel. Williams v. Phelps
Supreme Court of Louisiana · Decided November 10, 1978 · From, Marcus, Sanders, Summers
363 So. 2d 1390; 1978 La. LEXIS 5486 (Southern Reporter, Second Series)

State ex rel. Williams v. Phelps

Opinion of the Court

In re: Shelton Joseph Williams applying for motion to proceed in forma pauperis and writ of rehearing. East Baton Rouge Parish.

Writ granted. The applicant is entitled to the benefit of the good time law while imprisoned on death row. The case is remanded to the district court to determine whether the warden would have granted good time to the applicant, considering his behavior if he had been imprisoned elsewhere than on death row.

SANDERS, C. J., and SUMMERS, and MARCUS, JJ., dissent from the order.

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