State ex rel. Causey v. State
State ex rel. Causey v. State
Opinion of the Court
Denied. Relator does not identify an illegal term in his sentence, and therefore his filing is properly construed as an application for post-conviction relief. See State v. Parker , 98-0256 (La. 5/8/98),
Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see
JOHNSON, C.J., would grant the writ application and assigns reasons
I would grant defendant's writ application, finding his 13-year sentence on a possession of marijuana charge excessive.
In 2010, defendant entered an Alford plea to one count of possession of marijuana. The district court sentenced defendant to 5 years imprisonment at hard labor. Following habitual offender proceedings, the district court adjudicated defendant as a fourth-felony habitual offender, vacated the 5-year sentence, and resentenced defendant to 20 years imprisonment at hard labor, without the benefit of probation, parole, or suspension of sentence. The court of appeal affirmed the defendant's conviction but vacated the fourth offender adjudication and sentence and remanded the case to the district court. Defendant was then adjudicated as a third-felony offender, and resentenced to 13 years imprisonment at hard labor.
In 2016, the district court denied defendant's motion to correct an illegal sentence. The court of appeal then denied writs, finding no error in the district court's ruling. The majority of this Court now denies defendant's writ application.
In this case, the district court sentenced defendant as a habitual offender after his *510most recent charge of possession of marijuana and sentenced defendant to a 13-year sentence. In light of the new nationwide perspective of marijuana, where eight states have currently legalized personal use
To be clear, I embrace the notion that drug treatment should be the primary tool used to solve addictions. I have long advocated for reform in our criminal justice system and have actively participated in the Louisiana Justice Reinvestment Task Force, which successfully passed ten bills designed to reduce penalties for drug offenses and other non-violent offenses, while investing in substance abuse treatment and counseling programs.
For these reasons, I find the district court erred and defendant's sentence should be set aside.
Justice Hughes would grant for the reasons assigned by Chief Justice Johnson.
Governing the States and Localities, State Marijuana Laws in 2018 Map , http://www.governing.com/gov-data/state-marijuana-laws-map-medical-recreational.html
See People v. Russell ,396 P.3d 71 (Colo. App. 2014), as modified on denial of reh'g (May 8, 2014), aff'd ,387 P.3d 750 (Colo. 2017) (Amendment 64, which decriminalized the possession of marijuana for personal use, is to be applied retroactively as it represents a significant change in the law)
See State v. Bonanno ,
Louisiana Justice Reinvestment Package Summary , Department of Corrections Website, http://www.doc.la.gov/justice-reinvestment-task-force (last visited November 13, 2017).
Reference
- Full Case Name
- STATE EX REL. Johnnie CAUSEY v. STATE of Louisiana
- Cited By
- 1 case
- Status
- Published