No. 2012-KO-1766 Precedential Processed

State v. Williams

Louisiana Supreme Court · Filed March 8, 2013 · 108 So. 3d 1169

Cited by

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State of Louisiana v. Jareona Nicole Crosby La. Ct. App. 2d Cir. 2022
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State of Louisiana Versus Emmett Garrison, IV AKA "Lil Emmet" La. Ct. App. 5th Cir. 2020
State v. Brooks 260 So. 3d 713 La. Ct. App. 2d Cir. 2018
State v. Williams 259 So. 3d 563 La. Ct. App. 1st Cir. 2018
State v. Sullivan 253 So. 3d 911 La. Ct. App. 2d Cir. 2018
State v. Looney 245 So. 3d 1143 La. Ct. App. 2d Cir. 2018
State v. Palmer 246 So. 3d 660 La. Ct. App. 2d Cir. 2018
State v. Marshall 245 So. 3d 336 La. Ct. App. 2d Cir. 2017
State v. Harper 243 So. 3d 1084 La. Ct. App. 2d Cir. 2017
State v. Keith 223 So. 3d 767 La. Ct. App. 2d Cir. 2017

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State v. Williams 93 So. 3d 830

Opinion text

PER CURIAM. _JjWrit granted in part. Defendant is presently serving a sentence of life imprisonment without possibility of parole for a second degree murder committed in 2008 when he was 17 years old. The sentence was mandated by the penalty provision of the statute establishing the offense. The court of appeal affirmed defendant’s conviction and sentence in State v. Williams, 47,146 (La.App. 2 Cir. 6/20/12); 93 So.3d 830 , and defendant applied to this Court for discretionary review. While defendant’s application was pending, the United States Supreme Court held in Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), that “the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juveniles offenders.” However, the Miller court did not establish a categorical prohibition against life without parole for juveniles. Instead, the court required that a sentencing court consider an offender’s youth and attendant characteristics as mitigating circumstances before deciding whether to impose the harshest possible penalty for juveniles: “Although we do not foreclose a senteneer’s ability to make that judgment in homicide cases, we require it to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.” Mi ller, 567 U.S. at -, 132 S.Ct. at 2469 . Defendant’s case was pending on direct review when Miller was decided. Therefore, we grant to remand to the district court to reconsider the sentence after conducting a new sentencing hearing in accordance with the principles enunciated in Miller v. Alabama. The applications are otherwise denied.