LAY v. LA. DEPT. OF CORRECTION—STALDER

No. 98 CA 0592.

734 So.2d 782 (1999)

Richard LAY and Similar Situated v. LA. DEPT. OF CORRECTION—Richard STALDER—Secretary & State of Louisiana Thru Richard IEYOUB-Attorney General.

Court of Appeal of Louisiana, First Circuit.

As Amended April 8, 1999.


Attorney(s) appearing for the Case

Richard Lay, Angola, Plaintiff-Appellant, pro se.

Edward A. Songy, Jr., Baton Rouge, for La. Dept. of Public Safety & Corrections, Defendant-Appellee.

Before: CARTER, C.J., SHORTESS and WHIPPLE, JJ.


SHORTESS, J.

Richard Lay, an inmate at the Louisiana State Penitentiary, filed a petition for judicial review asserting a plethora of claims. He sought a declaration that sentencing him under the habitual-offender statute violated the Double-Jeopardy clauses of the United States and Louisiana Constitutions because both that statute and the statute under which he was convicted are enhancement statutes. He sought to enjoin his sentence and conviction, alleging his sentence...

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