STATE OF LOUISIANA NO. 22-K-333 VERSUS FIFTH CIRCUIT JORDAN STREETY COURT OF APPEAL STATE OF LOUISIANA

July 22, 2022 Susan Buchholz First Deputy Clerk

IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", NUMBER 18,60

Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and Hans J. Liljeberg

WRIT GRANTED; REMANDED Relator, the State of Louisiana, seeks review of the trial court’s ruling denying its proposed jury instruction regarding mandatory life sentences when the offender was a juvenile at the time of the alleged offense.

Upon review, we find the trial court erred in denying the State’s proposed jury instruction. To inform the jury that if defendant is convicted of first degree rape “the sentence would be mandatory life” disregards La. R.S. 15:574.4 D and more importantly, Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), in which the U.S. Supreme Court prohibited a life sentence without the possibility of parole for juvenile offenders. The trial court’s instruction is therefore an incorrect statement of the law. See State v. Louding, 13-426 (La. App. 1 Cir. 04/24/13), 2013WL12125421 (unpublished writ disposition).

Accordingly, we grant the State’s writ application, reverse the trial court’s ruling denying the State’s proposed jury instruction, and remand this matter for further proceedings.

Gretna, Louisiana, this 22nd day of July, 2022.

SJW RAC HJL

22-K-333 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 07/22/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

22-K-333 E-NOTIFIED 40th District Court (Clerk) Honorable Nghana Lewis (DISTRICT JUDGE) J. Philip Prescott, Jr. (Relator) Honorable Bridget A. Dinvaut (Relator) Devin C. Jones (Respondent) John T. Fuller (Respondent) MAILED