October 15, 2012
Without fanfare, Louisiana Supreme Court gives retroactive effect to Miller via brief orderAccording to at least one accounting I have seen, Louisiana has nearly 250 persons serving LWOP for offenses committed when they juveniles. I believe this makes Louisiana fifth among all states in total juve LWOP prisonder (and the leading state if judged on a per-capita basis). Thus, a little ruling on Friday from the state Supreme Court in Louisiana v. Simmons, No. 11-KP-1810 (La. Oct. 12, 2012) (available here), seems like quite a big deal. Because the per curiam ruling is just one paragraph long, I will reprint the whole thing here:
Writ granted. Relator is presently serving a sentence of life imprisonment at hard labor without possibility of parole for a second degree murder committed in 1995 when he was 17 years old. The sentence was mandated by the penalty provision of the statute establishing the offense. La.R.S. 14:30.1(B). In 2011, relator filed a motion to correct an illegal sentence in which he contended that a sentence of life imprisonment without parole for a juvenile offender is no longer constitutionally permissible under developing legal standards, and in particular in light of Graham v. Florida, 560 U.S. __, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) (Eight Amendment precludes sentencing juvenile offenders to life imprisonment without parole for non-homicide crimes). The district court denied relief. While review of that judgment was pending, the United States Supreme Court determined that mandatory life imprisonment without parole for those offenders under the age of 18 years at the time they committed a homicide offense violates the Eighth Amendment prohibition of “cruel and unusual punishments.” Miller v. Alabama, 567 U.S. ____, ____,132 S.Ct. 2455, 2466, 183 L.Ed.2d 407 (2012). Unlike the case in Graham, the Miller court did not prohibit life imprisonment without parole for juveniles, but instead 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 who have committed a homicide offense. Therefore, we grant to remand to the district court for reconsideration after conducting a sentencing hearing in accord with the principles enunciated in Miller and stating the reasons for reconsideration and sentencing on the record.
Because of the date of the underlying conviction, this Simmons ruling seems like a big deal because it suggests that the Louisiana Supreme Court has, without pause, ordered giving retroactive effect to the Miller ruling. A little research indicates that Louisiana has a statutory provision providing for motion to correct an illegal sentence at any time, so perhaps it is neither surprising nor that big a deal that the state Supreme Court has here been quick to order what might be called a Miller resentencing hearing. Still, because there are so many Louisiana juve LWOPers, and because this order calls for "reconsideration after conducting a sentencing hearing in accord with the principles enunciated in Miller," this little ruling seems to me to be a big deal.
Some prior major posts on Miller and its potential impact:
- All juvenile defendants get narrow procedural Eighth Amendment win in Miller
- Issue-spotting the mess sure to follow Miller's narrow (procedural?) ruling
- Basic mandatory juve LWOP head-count in light of Miller
- Data and resources to gear up for the coming Miller meshugas
- Taking stock on what Miller is likely to portend
- Pennsylvania Supreme Court hearing arguments on (first?) major Miller retroactivity cases
- Intermediate Florida appeals court decides Miller is not to apply retoractively
- One of thousands of post-Miller personal (and sentencing) stories
October 15, 2012 at 06:37 PM | Permalink
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With hundreds of sentences to be reviewed, lawyers will have worthless, government, make work jobs for years. Brazen plunder of the tax coffers. The decision has no basis in law, logic, nor in common sense.
Posted by: Supremacy Claus | Oct 16, 2012 1:04:47 AM
There are 228 incarcerated persons in the State of Louisiana who will likely be impacted by the Simmons ruling. Hardly the "hundreds of sentences" that will be keeping lawyers in work for years as suggested by Supremacy Claus.
Posted by: Cate Bartholomew | Oct 18, 2012 4:42:26 PM