STATE EX REL. THEODORE SMITH
STATE OF LOUISIANA
IN RE: Smith, Theodore; - Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. J, No. 274151; to the Court of Appeal, First Circuit, No. 2013 KW 1457;
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF CADDO.
GREG G. GUIDRY, JEANNETTE THERIOT KNOLL, MARCUS R. CLARK, JEFFERSON D. HUGHES, III, SCOTT J. CRICHTON. JOHNSON, C. J., would grant defendant's writ application and assigns reasons. WEIMER, J., recused.
JOHNSON, C. J.
[2014-0245 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 ...