State v. Williams

142 So. 3d 9, 2014 WL 2818871, 2014 La. LEXIS 1537

Opinions

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 365-387; to the Court of Appeal, Fourth Circuit, No. 2013-K-0448.

[, Granted. The district court’s order granting respondents’ Motion to Correct an Illegal Sentence is reversed. The decision in Miller v. Alabama, 567 U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), does not apply retroactively in respondents’ cases. 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 deny the writ with reasons.