Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Strickland v. Louisiana Department of Public Safety and Corrections

Court of Appeals of Louisiana, First Circuit

December 21, 2017

JEREMY STRICKLAND
v.
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

         Appeal from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Docket No. C650687 Honorable R. Michael Caldwell, Judge Presiding

          Jeremy Strickland Angie, Louisiana Plaintiff/Appellant In Proper Person

          Debra A. Rutledge Baton Rouge, Louisiana Defendant/Appel lee Louisiana Department of Public Safety And Corrections

          BEFORE: McCLENDON, WELCH, AND THE RIOT, JJ.

          McCLENDON, J.

         Jeremy Strickland, an inmate in the custody of the Department of Public Safety and Corrections ("the Department"), who is housed at Rayburn Correctional Center, appeals the district court's dismissal of his petition for judicial review challenging the Department's calculation of his sentence. For the following reasons, we affirm.

         FACTS AND PROCEDURAL HISTORY

         On April 12, 2016, Mr. Strickland initiated a complaint under the Louisiana Corrections Administrative Remedy Procedure Act ("CARP"), LSA-R.S. 15:1171, et seq., asserting that the Department had miscalculated his sentence. Specifically, Mr. Strickland notes that the Twenty-First Judicial District Court judgment containing his sentence ordered the multiple sentences to run "concurrent and coterminous."[1] Mr. Strickland avers that the Department failed to recognize the term "coterminous" in calculating his sentence. Mr. Strickland's request for relief was denied in both the first and second steps.

         Mr. Strickland then sought review in the Nineteenth Judicial District Court for the Parish of East Baton Rouge. Following a hearing on January 17, 2017, a Commissioner[2]issued a report recommending that the district court deny Mr. Strickland's request for relief, reasoning, in part:

The Department is charged with carrying out the sentence imposed by the Court. The Judge sentenced [Mr. Strickland] to 40 years on each forcible rape charge for which he was convicted. At that time the Judge ordered that those sentences were to run concurrent, the Court also ordered [Mr. Strickland] to serve 40 years with the Department, and Mr. Thiel, [Mr. Strickland's] attorney, agreed.
It is clear that [Mr. Strickland] was sentenced to many terms of confinement, running concurrent, but also that he was sentenced to serve 40 years with the Department, and that is the controlling sentence. [Footnote omitted.]

         The district court, after considering the Commissioner's report, the administrative record, and Mr. Strickland's traversal, affirmed the Department's decision and dismissed the matter with prejudice.

         Mr. Strickland has appealed, asserting that the district court erred by not ordering the Department to carry out the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.