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STATE EX REL. PURKEY v. SHEA

No. 64555.

375 So.2d 375 (1979)

STATE of Louisiana ex rel. Larry Joe PURKEY v. Honorable Frank J. SHEA, Judge.

Supreme Court of Louisiana.

July 2, 1979.

Writ denied. Moot. The trial Judge acted on the application in his court.

SUMMERS, C. J., absent.

TATE, Justice, concurring.

Although the mandamus is moot, the relator on the merits is entitled to have the Department of Corrections evaluate the petitioner's request for good time considering his behavior as if he had been a prisoner elsewhere than on death row. State ex rel. Williams v. Phelps, 363 So.2d 1390 (La. 1978). The relator might apply to the department for relief, instead of (or as well as) by review sought of the trial court ruling below.

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