State of Louisiana Versus Jordan Streety

STATE OF LOUISIANA NO. 22-K-333

VERSUS FIFTH CIRCUIT

JORDAN STREETY COURT OF APPEAL

STATE OF LOUISIANA

July 22, 2022

Susan Buchholz
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
NGHANA LEWIS, DIVISION "B", NUMBER 18,60

Panel composed of Judges Robert A. Chaisson,
Stephen J. Windhorst, and Hans J. Liljeberg

WRIT GRANTED; REMANDED

Relator, the State of Louisiana, seeks review of the trial court’s ruling denying
its proposed jury instruction regarding mandatory life sentences when the offender
was a juvenile at the time of the alleged offense.

Upon review, we find the trial court erred in denying the State’s proposed jury
instruction. To inform the jury that if defendant is convicted of first degree rape “the
sentence would be mandatory life” disregards La. R.S. 15:574.4 D and more
importantly, Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407
(2012), in which the U.S. Supreme Court prohibited a life sentence without the
possibility of parole for juvenile offenders. The trial court’s instruction is therefore
an incorrect statement of the law. See State v. Louding, 13-426 (La. App. 1 Cir.
04/24/13), 2013WL12125421 (unpublished writ disposition).

Accordingly, we grant the State’s writ application, reverse the trial court’s
ruling denying the State’s proposed jury instruction, and remand this matter for
further proceedings.

Gretna, Louisiana, this 22nd day of July, 2022.

SJW
RAC
HJL

22-K-333

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 07/22/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-K-333
E-NOTIFIED
40th District Court (Clerk)
Honorable Nghana Lewis (DISTRICT JUDGE)
J. Philip Prescott, Jr. (Relator) Honorable Bridget A. Dinvaut (Relator)
Devin C. Jones (Respondent)
John T. Fuller (Respondent)

MAILED