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State ex rel. Junior v. State

Supreme Court of Louisiana

March 13, 2015

STATE EX REL. MICHAEL JUNIOR
v.
STATE OF LOUISIANA

IN RE: Junior, Michael; - Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 428-094; to the Court of Appeal, Fourth Circuit, No. 2013-K-1485;

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FOURTH CIRCUIT, PARISH OF ORLEANS.

Denied

JEANNETTE THERIOT KNOLL, GREG G. GUIDRY, MARCUS R. CLARK, JEFFERSON D. HUGHES, III, SCOTT J. CRICHTON.JOHNSON, C. J., would grant defendant's writ application and assigns reasons. WEIMER, J., would grant.

OPINION

Page 785

JOHNSON, C. J.

Writ Denied.

DISSENT

[2013-2870 La. 1] JOHNSON, C. J., would grant defendant's writ application and assigns reasons:

I would grant this application to answer a question that potentially affects scores of inmates serving long sentences in Louisiana. In my view, relator's sentence has been rendered illegal by the ameliorative sentencing provisions of La. R.S. 15:308(B). I would remand to the district court for review of the illegal sentence.

In 2001, the legislature reduced the penalties for a variety of offenses including narcotics offenses formerly carrying life sentences and third and fourth offender mandatory life penalties. See 2001 La. Acts 403 (eff. 6/15/01). Act 403 § 6 provided that the amendment " shall only have prospective effect." The same legislative act also created the Risk Review Panel, which had " the duty to evaluate the risk of danger to society which each person convicted of a [non-violent] crime...may present if released from confinement." R.S. 15:574.22(G).

Despite the general rule that ameliorative legislation is to be applied prospectively, the legislature subsequently enacted R.S. 15:308 by 2006 La. Acts 45, which provided for retroactive application. As enacted in 2006, La. R.S. 15: 308 [2013-2870 La. 2] provided:

Ameliorative penalty provisions; retroactivity; amendment of sentence; time limitations
A. (1) The legislature hereby declares that the provisions of Act No. 403 of the 2001 Regular Session of the Legislature provided for more lenient penalty provisions for certain enumerated crimes and that ...

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