No. 2013-KP-1479 Precedential Processed

State v. Funches

Louisiana Supreme Court · Filed June 20, 2014 · 140 So. 3d 1165

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Opinion text

In re Funches, Arthur; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. B, No. 43263. L Denied. The decision in Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) does not apply retroac *1166 tively in relator’s case. See State v. Tate, 12-2763 (La.11/5/13), 130 So.3d 829 , cert. denied, Tate v. Louisiana, No. 13-8915, — U.S. -, 134 S.Ct. 2663 , 189 L.Ed.2d 214 , 2014 WL 834279 (May 27, 2014). JOHNSON, C.J., dissents and would grant the writ and assigns reasons.