State ex rel. Robinson v. Cain

Supreme Court of Louisiana
State ex rel. Robinson v. Cain, 766 So. 2d 1268 (La. 2000)
2000 La. LEXIS 2368; 2000 WL 1258841
Knoll

State ex rel. Robinson v. Cain

Opinion of the Court

In re Robinson, Daniel; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. N, No. 439-823; to the Court of Appeal, First Circuit, No. 98 CA 1503.

Granted. Under the unique circumstances presented by this case, including the allegation that all ventilation exhaust fans and ports were removed and sealed off in January, 1998, and in light of the possible Eight Amendment violations at issue, the district court abused its discretion in failing to order that additional evidence be taken before the agency under La. R.S. 49:964(E). The judgment of the courts below are set aside and vacated and the ease is remanded to the trial court for it to order that the additional evidence be taken pursuant to La. R.S. 49:96(E).

KNOLL, J., not on panel.

Reference

Full Case Name
STATE ex rel. Daniel ROBINSON v. Burl CAIN, Warden of The Louisiana State Penitentiary, Richard Stalder, Secretary of the La. Dept. of Public Safety and Corrections
Cited By
2 cases
Status
Published