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108 So. 3d 255

108 So.3d 255

2012 La.App.4Cir. 1604

State v. Williams

Louisiana Court of Appeal

Decided January 7, 2013

Louisiana Court of Appeal · decided 2013-01-07

Cited by 2 later decisions — most recently June 2013

1 federal appellate · 1 state decisions

Key passage — most relied on by later courts

“no error in the trial court’s ruling on Reginald Williams’ "Motion to Correct Illegal Sentence,” inter alia, because the relator, State of Louisiana, acknowledges that under Miller ..., the automatic imposition of life imprisonment without benefit of parole for a murder conviction of a defendant who was a juvenile at the time of the offense violates the U.S. Constitution’s Eighth Amendment’s prohibition of cruel and unusual punishment. Miller is retroactive to cases that were final in Louisiana at the time the decision in Miller was rendered by application of the per curiam in State v. Simmons, 11-1810 (La. 10/12/12), 99 So.3d 28 .”

quoted by 1 later decision, including Falcon v. State

Relies on Miller v. Alabama · 99 So. 3d 28 - State v. Simmons

Good law ✅— No negative treatment on recordhow we know

Decided 2013-01-07

View the full empirical analysis of this case →

MAX N. TOBIAS, JR., Judge.

¶1|/We find no error in the trial court’s ruling on Reginald Williams’ “Motion to Correct Illegal Sentence,” inter alia, because the relator, State of Louisiana, acknowledges that under Miller v. Alabama, — U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d *256407 (2012), the automatic imposition of life imprisonment without benefit of parole for a murder conviction of a defendant who was a juvenile at the time of the offense violates the U.S. Constitution’s Eighth Amendment’s prohibition of cruel and unusual punishment.1Milleris retroactive to cases that were final in Louisiana at the time the decision in Millerwas rendered by application of the per curiam in State v. Simmons, 11-1810 (La.10/12/12), 99 So.3d 28.

¶2SUPERVISORY WRIT DENIED.

¶3. In the limited record before us, we note the absence of any indication that the trial court has entered an order to determine counsel for Mr. Williams for the hearing, a requirement, in our view, under Miller.

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