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141 So. 3d 265

State v. Toca

Supreme Court of Louisiana

Decided June 20, 2014

Supreme Court of Louisiana · decided 2014-06-20

Relies on Miller v. Alabama · State v. Tate · Buck v. Texas

Decided 2014-06-20

¶1In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial *266Writs, Parish of Orleans, Criminal District Court Div. G, No. 301-875; to the Court of Appeal, Fourth Circuit, No. 2013-K-1061.

¶211 Granted. The district court’s order granting respondent’s Motion to Correct an Illegal Sentence is reversed. The decision in Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), does not apply retroactively in respondent’s case. See State v. Tate, 12-2763 (La.11/5/13); 130 So.3d 829, cert. denied, Tate v. Louisiana, No. 13-8915, — U.S. -, 134 S.Ct. 2663, 189 L.Ed.2d 214, 2014 WL 834279 (May 27, 2014).

JOHNSON, C.J., dissents and would deny the writ with reasons.
JOHNSON, C.J.,

¶3dissents and would deny the writ.

¶4|¶1 respectfully dissent. On June 25, 2012, the United States Supreme Court issued an opinion in Miller v. Alabama, which held “that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juvenile offenders.” Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). In State v. Tate, 2012-2763 (La.11/5/13), 130 So.3d 829, this court held that Millerdoes not retroactively apply to juvenile offenders whose life sentences were handed down before the Supreme Court issued its opinion. I dissented from this court’s ruling in Tate, finding that Millerannounced a new rule of criminal procedure that is substantive and consequently should apply retroactively. For the same reasons expressed in my dissent in Tate, I must dissent in this case.

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