2021KW0115 Nonprecedential Writ denied Processed

State Of Louisiana v. Mingo Javery, III

Louisiana Court of Appeal, First Circuit · Filed April 22, 2021

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0115

VERSUS

MINGO JAVERY, III APRIL 22, 2021

In Re: Mingo Javery, 111, applying for supervisory writs,

22nd Judicial. District Court, Parish of St. Tammany,
No. 204, 619.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED. It is a fundamental rule of
statutory
construction that when two statutes deal with the same subject

matter, if there is a conflict, the statute specifically
directed to the matter at issue must prevail as an exception to
the statute more general in character. State v. Campbell, 2003-
3035, ( La. 7/ 6/ 04), 877 So. 2d 112, 118. The procedures and

conditions for determining parole
eligibility for juvenile
homicide offenders like relator whose indictment for the offense
was prior to August 1, 2017 are contained at La. R. S.
15: 574. 4( 0). The addition of Paragraph 4 to La. R. S. 15: 574. 4( J)
clearly shows the legislature' s intent that persons convicted of
first or second degree murder not be allowed to benefit from any
inadvertent conflict created by the addition of La. R. S.
15: 574. 4 ( J) ( 1) .

VGW
JEW
WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPU' T' Y CLER OF COURT
FOR THE COURT