State ex rel. Gallagher v. State

CALOGERO, Justice.

The issue presented in this rather unusually postured case is whether Steven Gallagher, imprisoned in Orleans Parish Prison on a two year sentence for felony theft, is entitled to either work credits or good time credits, or both. The case is before us both on writs of habeas corpus by Gallagher and on rehearing application by Sheriff Foti. It arose as follows.

On December 16, 1982, Gallagher was convicted of felony theft, an offense which occurred on June 7, 1982. On March 25, 1988 he was sentenced to two years in Orleans Parish Prison, with credit for time served.

While in…