Supreme Court of Louisiana, 2014

Thomas v. State

Thomas v. State
Supreme Court of Louisiana · Decided July 31, 2014 · Johnson
146 So. 3d 202; 2014 WL 3858551; 2014 La. LEXIS 1707 (Southern Reporter, Third Series)

Thomas v. State

Opinion of the Court

In re Thomas, Frederick; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. E, No. 131,695.

Denied. See State v. Tate, 12-2763 (La.11/5/13), 130 So.3d 829, cert. denied, Tate v. Louisiana, — U.S.—, 134 S.Ct. 2663,189L.Ed.2d 214 (2014).

Dissenting Opinion

JOHNSON, C.J.,

would grant. In State v. Tate, 2012-2763 (La.11/5/13), 130 So.3d 829, this court held that Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), does not retroactively apply to juvenile offenders whose life sentences were handed down before the Supreme Court issued its opinion. In my view, Miller announced a new rule of criminal procedure that is substantive, and consequently should apply retroactively.

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