State v. Huntley

Supreme Court of Louisiana

State v. Huntley

142 So. 3d 10, 2014 WL 2818876, 2014 La. LEXIS 1543

Supreme Court of Louisiana·Decided June 20, 2014·No. No. 2013-K-1932·Published

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In re Huntley, Darnell; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Vermillion, 15th Judicial District Court Div. B, No. 22045; to the Court of Appeal, Third Circuit, No. KW 13-27.

11Denied. The court of appeal did not err in finding that Miller v. Alabama, 567 U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively in relator’s case. State v. Huntley, 13-127 (La.App. 3 Cir. 7/10/13), 118 So.3d 95. 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.

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In re Huntley, Darnell; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Vermillion, 15th Judicial District Court Div. B, No. 22045; to the Court of Appeal, Third Circuit, No. KW 13-27.

11Denied. The court of appeal did not err in finding that Miller v. Alabama, 567 U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively in relator’s case. State v. Huntley, 13-127 (La.App. 3 Cir. 7/10/13), 118 So.3d 95. 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.

State v. Huntley, 142 So. 3d 10, 2014 WL 2818876, 2014 La. LEXIS 1543 (La. 2014).

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