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State v. Hebert

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 9, 2015
NO. 2015 KW 0112 (La. Ct. App. Mar. 9, 2015)

Opinion

NO. 2015 KW 0112

03-09-2015

STATE OF LOUISIANA v. JAMES ANTHONY HEBERT


In Re: James Anthony Hebert, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, •No. 251,719. BEFORE: GUIDRY, WELCH, AND THERIOT, JJ.

WRIT DENIED. The United States Supreme Court decision in Miller v. Alabama, ___U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively in state postconviction proceedings. State v. Tate, 2012-2763 (La. 11/5/13), 130 So. 3d 829, 844, cert, denied, ___ U.S. ___, 134 S.Ct. 2663, 189 L.Ed.2d 214 (2014). Accordingly, the district court did not err in denying relator's motion to correct an illegal sentence wherein he claimed that his sentence was illegal in light of the United States Supreme Court decision in Miller.

JMG

JEW

MRT

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Hebert

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 9, 2015
NO. 2015 KW 0112 (La. Ct. App. Mar. 9, 2015)
Case details for

State v. Hebert

Case Details

Full title:STATE OF LOUISIANA v. JAMES ANTHONY HEBERT

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Mar 9, 2015

Citations

NO. 2015 KW 0112 (La. Ct. App. Mar. 9, 2015)