# State ex rel. Gallagher v. State

> Supreme Court of Louisiana · January 14, 1985 · 462 So. 2d 1221

URL: https://www.frixlaw.com/law-library/cases/7539112

## Case

- **Full name:** STATE ex rel. Steven GALLAGHER v. STATE of Louisiana
- **Court:** Supreme Court of Louisiana
- **Decided:** January 14, 1985
- **Citations:** 462 So. 2d 1221; 1985 La. LEXIS 7826
- **Precedential status:** Published
- **Opinion:** Dissent by Marcus
- **Judges:** Being, Calogero, Discretion, Dixon, Lemmon, Marcus, Reasons, Sheriff, Solely, Stated, Subscribes, That, Watson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7539112

## Opinion text

MARCUS, Justice
(dissenting).
La.R.S. 15:571.10(A) limits mandatory work credits to “prisoner[s] consenting to work under the provisions of R.S. 15:709_” La.R.S. 15:709 provided for regulation and discipline of prisoners working for the governing authority of each parish. The repeal of § 709 by 1988 La. Acts No. 615 § 2 had the effect of eliminating mandatory work credit for voluntary work performed because no longer could a prisoner consent to work under the provisions of § 709. Hence, La.R.S. 15:571.-10(B) is the applicable provision to determine whether Steven Gallagher is entitled to work time and/or good time credits toward his two-year sentence for felony theft. Section 571.10(B) gives the sheriff full “discretion” to award a diminution of sentence for work performed in parish prison, work performed on public work programs outside parish prisons, attendance of rehabilitation programs, and demonstrations of good behavior. I do not consider that Sheriff Foti abused his discretion in denying work time or good time credits to Gallagher. Accordingly, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7539112. Public record. Not legal advice.