Supreme Court of Louisiana, 2014

State ex rel. Sullivan v. State

State ex rel. Sullivan v. State
Supreme Court of Louisiana · Decided July 31, 2014 · Johnson
146 So. 3d 203; 2014 WL 3858554; 2014 La. LEXIS 1713 (Southern Reporter, Third Series)

State ex rel. Sullivan v. State

Opinion of the Court

In re Sullivan, Lue Elbert; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 73-996; to the Court of Appeal,' Fifth Circuit, No. 13-KH-735.

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. 2663,189 L.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 crim*204inal procedure that is substantive, and consequently should apply retroactively.

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