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475 So. 2d 1093

Docket No. 85-KK-1153.

State v. Kline

STATE of Louisiana v. David KLINE.

Supreme Court of Louisiana

Decided October 4, 1985.

Reconsideration Denied November 22, 1985.

Supreme Court of Louisiana · decided 1985-10-04

Key passage — most relied on by later courts

“reestablished himself in the community, obtained work, and avoided any further problems with the authorities.”

quoted by 1 later decision, including Brown v. Brittain

“and because the sheriff and district attorney took no action for eighteen months while the prisoner”

quoted by 1 later decision, including Brown v. Brittain

Relies on White v. Pearlman · Shields v. Beto · Johnson v. Williford

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-04

How this case has been cited

Cited by 9 later decisions — most recently March 2019

9 state decisions

401985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Defendant is ordered released from custody on his sentence of one and one-half years at hard labor for attempted possession of a firearm in violation of R.S. 14:27; 14:95.1. The record contains no evidence that defendant had any part in securing his release from the parish jail on order of the trial judge within fifteen days of the date he surrendered himself after this Court affirmed his conviction and sentence on appeal. State v. Kline, 422 So.2d 1164 (La.1982). The record does indicate that the criminal sheriff and district attorney's office were fully aware of the situation and took no action for eighteen months while the defendant reestablished himself in the community, obtained work, and avoided any further problems with the authorities. Under these circumstances, reincarceration of the defendant to serve the balance of his term would be inconsistent with fundamental principles of liberty and justice. See, Johnson v. Williford, 682 F.2d 868 (9th Cir.1982); United States v. Merritt, 478 F.Supp. 804 (D.D.C.1979); Lanier v. Williams, 361 F.Supp. 944 (E.D.N.C.1973); see also, Shields v. Beto, 370 F.2d 1003 (5th Cir.1963); White v. Pearlman, 42 F.2d 788 (10th Cir.1930); Ex Parte Eley, 9 Okl.Cr. 76, 130 P. 821 (1913).

¶3DENNIS, J., concurs in part and dissents in part with reasons.

¶4DENNIS, J., would grant the writ but dissents from the summary exparte judgment of the majority. This case should be set down for oral argument and a full opinion should be written by a judge. The per curiam overrules a previous decision of this Court without adequate reasoning or analysis.

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