Supreme Court of Louisiana, 1979

State ex rel. Purkey v. Shea

State ex rel. Purkey v. Shea
Supreme Court of Louisiana · Decided July 2, 1979 · Summers, Tate
375 So. 2d 375; 1979 La. LEXIS 6841 (Southern Reporter, Second Series)

State ex rel. Purkey v. Shea

Opinion of the Court

In re: Larry Joe Purkey applying for Writ of Mandamus, Parish of Orleans (Number not known).

Writ denied. Moot. The trial Judge acted on the application in his court.

SUMMERS, C. J., absent.

Concurring Opinion

TATE, Justice,

concurring.

Although the mandamus is moot, the relator on the merits is entitled to have the Department of Corrections evaluate the petitioner’s request for good time considering his behavior as if he had been a prisoner elsewhere than on death row. State ex rel. Williams v. Phelps, 363 So.2d 1390 (La. 1978). The relator might apply to the department for relief, instead of (or as well as) by review sought of the trial court ruling below.

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