No. 2013-K-2039 Precedential Processed

State v. Jones

Louisiana Supreme Court · Filed February 28, 2014 · 134 So. 3d 1164

Cited by

State v. Preston 267 So. 3d 667 La. Ct. App. 4th Cir. 2019
State v. Alridge 249 So. 3d 260 La. Ct. App. 1st Cir. 2018
State v. Williams 247 So. 3d 129 La. Ct. App. 1st Cir. 2018
State of Louisiana v. Adam Comeaux La. Ct. App. 3d Cir. 2018
State v. Comeaux 239 So. 3d 920 La. Ct. App. 1st Cir. 2018
State v. Williams 186 So. 3d 242 La. Ct. App. 1st Cir. 2016
State v. Jones 176 So. 3d 713 La. Ct. App. 1st Cir. 2015
State v. Graham 171 So. 3d 272 La. Ct. App. 1st Cir. 2015
State v. Brooks 139 So. 3d 571 La. Ct. App. 2d Cir. 2014

Opinion text

PER CURIAM. |! Granted. Defendant is entitled to the benefit of the decision in Miller v. Alabama, 567 U.S. —, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), because his case was in the direct review pipeline when Miller was decided. See Griffith v. Kentucky, 479 U.S. 314 , 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (new rules of constitutional criminal procedure apply retroactively to all cases pending on direct review or in the direct review pipeline); compare State v. Tate, 12-2713 (La.11/5/13)(Miller not retroactive to final sentences subject only to collateral attack). The court of appeal erred, however, in ordering that the trial court resentence defendant “in a manner allowing parole eligibility in accordance with the principles annunciated in Miller [ ].” State v. Jones, 12-788, p. 27 (La.App. 5 Cir. 5/23/13) - So.3d -,-, 2013 WL 2249168 . On remand of the case, the trial court is directed to hold a hearing in compliance with La.C.Cr.P. art. 878.1, implementing the Miller decision in Louisiana, before resentencing defendant to a term of life imprisonment at hard labor that, in the court’s discretion, after considering any aggravating and mitigating evidence relevant to the offense or the character of defendant, may, or may not, be subject to parole eligibility pursuant to the provisions of La.R.S. 15:574.4(E).