Johnson Washington VS State of Louisiana, Department of Corrections Through the Attorney General of the State of Louisiana
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2012 CA 0191 JOHNSON WASHINGTON VERSUS THE STATE OF LOUISIANA AND LOUISIANA DEPARTMENT OF CORRECTIONS THROUGH THE ATTORNEY GENERAL OF THE STATE OF LOUISIANA ET AL DATE OFJUDGMENT SEP 2 1 2012 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT NUMBER 603 SEC 25 PARISH OF EAST BATON ROUGE 678 STATE OF LOUISIANA HONORABLE WILSON FIELDS JUDGE Johnson Washington Pro se Angola Louisiana William Kline Baton Rouge Louisiana Counsel for DefendantAppellee Louisiana Department of Safety and Corrections BEFORE KUHN PETTIGREW AND MCDONALD JJ Disposition AFFIRMED y KUHN J Petitioner appellant Johnson Washington an inmate in the custody of the Department of Public Safety and Corrections DPSC appeals the district court s dismissal without prejudice of his petition for judicial review which challenged the denial of his request for parole eligibility and asserted constitutional violations by DPSC as a result of that denial We affirm Washington was convicted of first degree murder According to the allegations of his petition although he was initially sentenced to death the sentence was vacated and he was resentenced to life imprisonment without benefit of parole for a term of twenty years Washington maintains that because he has served in excess of twenty years he should therefore be deemed eligible for parole DPSC denied Washington request for parole eligibility probation or s suspension of sentence and Washington challenged the denial by filing this suit in district court The commissioner found that because Washington failed to properly initiate and complete his administrative remedies the court lacked subject matter jurisdiction and recommended that the suit be dismissed without prejudice The district court issued a judgment in conformity with the s commissioner recommendation On review we agree that the commissioner properly characterized the nature of the suit as a grievance against DPSC See La R 1 Based on S5 171B the contents of the record we therefore find no error in the district court s dismissal of Washington petition without prejudice See Hull v Stalder 2000 s 2730 La App 1 st Cir 2 808 So 829 831 02 15 2d 2 DECREE The district court judgment dismissing without prejudice petitioner s petition for judicial review is affirmed in accordance with La Uniform Court of Appeal Rule 2 1 2 4 5 6 and 8 Appeal costs are assessed against A 2 6 petitioner appellant Johnson Washington AFFIRMED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
