State v. Jones

Supreme Court of Louisiana

State v. Jones

134 So. 3d 1164, 2014 WL 814562, 2014 La. LEXIS 440

CourtSupreme Court of Louisiana

DecidedFebruary 28, 2014

DocketNo. 2013-K-2039

StatusPublished

Cited by11 cases

This text of 134 So. 3d 1164 (State v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Jones, 134 So. 3d 1164, 2014 WL 814562, 2014 La. LEXIS 440 (La. 2014).

Pincite

Opinion

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).

Free access — add to your briefcase to read the full text and ask questions with AI

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).

Cite This Page — Counsel Stack

Bluebook (online)

134 So. 3d 1164, 2014 WL 814562, 2014 La. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-la-2014.

Opinion

Related

Cite This Page — Counsel Stack