State Of Louisiana v. Terry Vince ( 2021 )


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  •                                    STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    STATE       OF     LOUISIANA                                                                        NO.        2021   KW     0359
    VERSUS
    TERRY       VINCE                                                                                        MAY        24,     2021
    In    Re:           Terry           Vince,               applying              for   supervisory                 writs,        22nd
    Judicial                 District               Court,        Parish     St.                                No.
    of
    Tammany,
    260- 640.
    BEFORE:             THERIOT,                WOLFE,            AND    HESTER,         JJ.
    WRIT           DENIED.                   It          is     a     fundamental             rule        of     statutory
    construction                  that          when        two        statutes       deal       with        the    same        subject
    matter,            if         there          is         a         conflict,          the      statute            specifically
    directed           to        the    matter              at     issue       must      prevail       as     an    exception           to
    the    statute           more        general                 in    character.              State    v.    Campbell,           2003-
    3035 (       La.        7/    6/ 04),         
    877 So. 2d 112
    ,       118.          The     procedures           and
    conditions                for        determining                     parole                                    for        juvenile
    eligibility
    homicide           offenders                like        relator Whose                indictment           for       the     offense
    was      prior               to     August               1,         2017       are     contained               at     La.      R. S.
    15: 574. 4( G).                     The         addition                  of     Paragraph           4         to     La.      R. S.
    15: 574. 4( J)            clearly             shows            the       legislature' s        intent           that        persons
    convicted            of       first          or         second           degree      murder        not     be       allowed         to
    benefit          from any inadvertent conflict created by the addition of
    La.    R. S.       15: 574. 4( J)(            1).
    MRT
    EW
    CHH
    COURT       OF APPEAL,              FIRST           CIRCUIT
    I
    C\                    R
    I
    DEPUTY          CLERK        OF       COURT
    FOR        THE    COURT
    

Document Info

Docket Number: 2021KW0359

Filed Date: 5/24/2021

Precedential Status: Precedential

Modified Date: 10/22/2024