State ex rel. Johnson v. State

In re Johnson, Frederick; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. B, No. 32-564. Denied. See State v. Tate, 12-2763 (La.11/5/13), 130 So.3d 829 , cert. denied, Tate v. Louisiana, — U.S.—, 134 S.Ct. 2663 , 189 L.Ed.2d 214 (2014). JOHNSON, C.J., JOHNSON, C.J. would grant. In State v. Tate, 2012-2763 (La.11/5/13), 130 So.3d 829 , this court held that Miller v. Alabama, 567 U.S.-, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), does not retroactively apply to juvenile offenders whose life sentences were handed down before the Supreme Court issued its opinion. In my view, Miller announced a new rule of criminal procedure that is substantive, and consequently should apply retroactively.