Cited by
Opinions in Louisiana that cite Bosworth v. Whitley, 627 So. 2d 629.
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Larry Robinson 722728 v. Department of Public Safety & Corrections, Warden Travis Day, Assistant Warden, Karla Wheat & …
La. Ct. App. 1st Cir. 2023
See Bosworth v. Whitle , ( La.
- State Of Louisiana v. William Wayne Lee, Jr. La. 2023
- State Of Louisiana v. Jason Michael Pilcher La. 2022
- Bobby Sneed v. Tim Hooper, Warden La. 2021
- State v. Lewis 244 So. 3d 527 La. Ct. App. 1st Cir. 2018
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State Ex Rel. John Esteen v. State of Louisiana
239 So. 3d 233
La. 2018
First, that it is the legislature’s “exclusive authority to determine length of punishment for crimes classified as felonies.” (La.
- State ex rel. Foy v. State 187 So. 3d 997 La. 2016
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State v. Brown
118 So. 3d 332
La. 2013
”); (“since 15:574.4(B) provides unequivocally that no inmate serving a life sentence shall be eligible for parole, Inparole consideration would be withheld from the defendant, by operation of law, despite the fact that the applicable penalty provision did not include the words ‘without benefit of parole’ ”
- Holmes v. Louisiana Department of Public Safety & Corrections 93 So. 3d 761 La. Ct. App. 1st Cir. 2012
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State v. Mason
89 So. 3d 405
La. Ct. App. 1st Cir. 2012
The Legislature has closely regulated both "parole eligibility (which is determined by the sentence) and eligibility for parole consideration (which is dependent on meeting certain criteria and conditions specified by statute).”
- State v. Johnson 84 So. 3d 540 La. 2012
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State v. Richards
78 So. 3d 864
La. Ct. App. 1st Cir. 2011
(noting that “[i]n terms of due process, an application for commutation is ‘nothing more than an appeal for clemency,’ and a felon’s expectation that his law *872 ful sentence will be commuted is ‘simply a unilateral hope.’ ”) This process was also available to the petitioner in Graham , yet the Supreme
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State v. Shaffer
77 So. 3d 939
La. 2011
Acts 191 , that “[n]o prisoner serving a life sentence shall be eligible for parole consideration until his life sentence has been commuted to a fixed term of years.” *941 635 (La.1993) (“[S]ince [R.S.]
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State v. Dyer
77 So. 3d 928
La. 2011
Acts 191 , that “[n]o prisoner serving a life sentence shall be eligible for parole consideration until his life sentence has been commuted to a fixed term of years.” (“[S]ince [R.S.]
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State v. Leason
77 So. 3d 933
La. 2011
Acts 191 , that “[n]o prisoner serving a life sentence shall be eligible for parole consideration until his life sentence has been commuted to a fixed term of years.” (“[S]ince [R.S.]
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State v. Dick
951 So. 2d 124
La. 2007
Const. art. II, § 1; State v. Rome, 96-0991, p. 3 (La.7/1/97)
- Sinclair v. Stalder 867 So. 2d 743 La. Ct. App. 1st Cir. 2003
- Madison v. Ward 825 So. 2d 1245 La. Ct. App. 1st Cir. 2002
- Lay v. La. Dept. of Correction 734 So. 2d 776 La. Ct. App. 1st Cir. 1999
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Sinclair v. Kennedy
701 So. 2d 457
La. Ct. App. 1st Cir. 1997
"it is apparent that the Louisiana parole statutes do not create an expectancy of release or liberty interest in general," that case did not specifically address whether a liberty interest exists for the truly rehabilitated prisoner who meets all the "substantive predicates" under the above-referenced
- Damone v. Whitley 694 So. 2d 1205 La. Ct. App. 1st Cir. 1997
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Explained
State v. Henderson
672 So. 2d 1085
La. Ct. App. 4th Cir. 1996
parole eligibility is determined by the sentence meted out upon conviction, which is different from eligibility for parole consideration, as regulated by § 15:574.4.
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Security National Trust v. Moore
639 So. 2d 373
La. Ct. App. 2d Cir. 1994
Id.; and authorities therein.
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Richardson v. Dept. of Public Safety
627 So. 2d 635
La. 1993
*637 consolidated with this matter for oral argument and rendered this date, we found that there was no conflict between 1972 La.Acts 502, which amended Article 817 of the Louisiana Code of Criminal Procedure, and Section 15:574.4(B) of the Louisiana Revised Statutes.