State v. Brooks

247 So. 3d 1071
CourtLouisiana Court of Appeal
DecidedApril 11, 2018
DocketNo. 51,917–KA
StatusPublished
Cited by3 cases

This text of 247 So. 3d 1071 (State v. Brooks) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brooks, 247 So. 3d 1071 (La. Ct. App. 2018).

Opinion

McCALLUM, J.

Carlton Brooks committed two counts of second degree murder when he was 17 years old. In 2002, he was indicted by a grand jury. He was subsequently convicted on two counts of second degree murder, and on June 27, 2006, was given two concurrent life sentences, without possibility of parole. His convictions and sentences were affirmed. State v. Brooks , 42,226 (La. App. 2 Cir. 8/15/2007), 962 So.2d 1220. On May 31, 2017, the trial court amended Brooks' sentences to life imprisonment with the possibility of parole, pursuant to the newly announced constitutional prohibition on mandatory sentences of life imprisonment without parole for juvenile murderers, Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L. Ed. 2d 407 (2012).1

Brooks appeals and urges four assignments of error: (1) the trial court exceeded its authority in adding parole eligibility to Brooks' sentence, which renders the sentence *1073illegal and violates due process and Louisiana's constitutional separation of powers; (2) even with parole eligibility, Brooks' sentence still does not afford him a "meaningful opportunity for release," as required by Miller ; (3) Brooks should have been given an evidentiary hearing at which he could present evidence showing his entitlement to a downward departure from the mandatory life sentence; and (4) the trial court failed to specify when Brooks will become eligible for parole consideration. For the reasons stated, we affirm Brooks' amended sentence.

DISCUSSION

We begin by outlining the development of the law involved in this case, and we place the trial court's ruling in that chronology. At the time Brooks committed the second degree murders, La. R.S. 14:30.1 provided a mandatory sentence of life imprisonment at hard labor without parole. In 2012, Miller, supra , changed the law by holding that the Eighth Amendment prohibition of cruel and unusual punishment disallows the imposition of a mandatory life sentence-without possibility of parole-on a person who commits murder prior to reaching the age of 18 years.

In 2013, the Louisiana legislature amended La. R.S. 15:574.4 and La. C. Cr. P. art. 878.1 in order to satisfy the requirements of Miller . However, the Louisiana Supreme Court, in State v. Tate , 2012-2763 (La. 11/5/13), 130 So.3d 829, held that these provisions were prospective only, and that Miller itself is prospective only. In Montgomery v. Louisiana , 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the U.S. Supreme Court overruled Tate , holding that Miller applies retroactively.

On remand in Montgomery , in 2016, the Louisiana Supreme Court held that the courts of this state are to implement Miller and Montgomery , i.e. , provide those who were under 18 at the time they committed murder with the opportunity to obtain parole eligibility via contradictory hearing. The court so held despite the absence of legislative authority for implementing Miller retroactively, stating:

Therefore, in the absence of further legislative action, the previously enacted provisions [i.e. , the 2013 amendments which were held in Tate to be prospective only], should be used for the resentencing hearings that must now be conducted on remand from the United States Supreme Court to determine whether Henry Montgomery, and other prisoners like him, will be granted or denied parole eligibility.

State v. Montgomery , 2013-1163 (La. 6/28/16), 194 So.3d 606, 608.

It was at this point in the development of the law (on May 31, 2017) that the trial court resentenced Brooks, granting him parole eligibility as provided in La. R.S. 15:574(E) (2013). However, effective August 1, 2017, the legislature added retroactive provisions to La. R.S. 15:574.4 and La. C. Cr. P. art. 878.1. These provisions allow juvenile murderers to obtain parole in accordance with the conditions and requirements set forth therein. 2017 La. Acts 2017, No. 277, § 1 & § 2.

In State v. Harper , 51,539 (La. App. 2 Cir. 8/9/17), 243 So.3d 1084, 2017 WL 3400624,2 and State v. Jackson, 51,527 (La. App. 2 Cir. 8/9/17), 243 So.3d 1093, 2017 WL 3400648, we rejected all of the arguments the defendant makes in this case. Our approach remains unaltered.

*1074Lack of judicial authority to grant parole eligibility

Effective August 1, 2017, the Legislature added Subsection (G) to La. R.S. 15:574.4 and expansively amended La. C. Cr. P. art. 878.1. These retroactive provisions allow juvenile murderers to obtain parole eligibility as required by Miller and Montgomery .3 Additionally, these amendments reduced-from 35 years to 25 years-the time that a juvenile murderer must serve before becoming eligible for parole consideration. These amendments apply to the instant case, and therefore, Brooks' argument that, in granting him parole eligibility, the trial court exceeded its authority, and violated due process and the separation of powers is moot.

We note, however, that La. R.S. 15:574(G) (2017) now governs Brooks' parole eligibility. La. C. Cr. P. art. 878.1(B)(2)(a) dictates that result, as follows:

(2) If an offender was indicted prior to August 1, 2017, for the crime of ... second degree murder ( R.S. 14:30.1 ) where the offender was under the age of eighteen years at the time of the commission of the offense and a hearing was held pursuant to this Article prior to August 1, 2017, the following shall apply: (a) If the court determined at the hearing that was held prior to August 1, 2017, that the offender's sentence shall be imposed with parole eligibility, the offender shall be eligible for parole pursuant to R.S. 15:574.4(G).

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Cite This Page — Counsel Stack

Bluebook (online)
247 So. 3d 1071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brooks-lactapp-2018.