Supreme Court of Louisiana, 1984

State ex rel. Gallagher v. State

Supreme Court of Louisiana · Decided June 27, 1984 · Being, Blanche, Discretion, Lsa, Marcus, Matter, Sheriff, That, Watson, Within

452 So. 2d 166; 1984 La. LEXIS 9332 (Southern Reporter, Second Series)

Opinion of the Court

IN RE: Steven Gallagher applying for Writ of Habeas Corpus, from Criminal District Court, Parish of Orleans, No. 289-817, Section “F”, Fourth Circuit Court of Appeal, No. K-2234.

Granted. The district court is ordered to grant relator mandatory credit for work performed under La.R.S. 15:571.10(A). The sheriff is ordered to exercise discretion on an individual basis on the issue of whether relator should be granted a diminution of sentence under La.R.S. 15:571.10(B).

MARCUS, BLANCHE and WATSON, JJ., dissent, being of the opinion that the matter is entirely within the sheriff’s discretion. LSA-RS 15:571.10(B).

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