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178 So. 3d 561

State v. Collins

Supreme Court of Louisiana

Decided October 30, 2015

Supreme Court of Louisiana · decided 2015-10-30

Relies on Miller v. Alabama · State v. Tate

Decided 2015-10-30

JOHNSON, C.J.,

¶1would grant the writ application and assigns reasons:

¶2h“[T]he Eight 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.11/05/13), 130 So.3d 829, this court held that Millerdoes not retroactively apply to juvenile offenders in Louisiana 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 retroJ actively.

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