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State v. Nelson

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 5, 2014
NO. 2014 KW 0201 (La. Ct. App. May. 5, 2014)

Opinion

NO. 2014 KW 0201

05-05-2014

STATE OF LOUISIANA v. LAVAR NELSON


In Re: Lavar Nelson, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 97-CR3-70793.

BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.

WRIT DENIED. Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 2026, 176 L.Ed.2d 825 (2010) is not applicable to relator because he was not sentenced to life without parole. Instead, he was sentenced to an aggregate term of 85 years at hard labor without benefit of parole, probation or suspension of sentence. Bunch v. Smith, 685 F. 3d 546 (6th Cir. 2012), cert. denied, 569 U.S. ___, 133 S.Ct. 1996, 185 L.Ed.2d 865 (2013). See also State v. Brown, 2012-0872 (La. 5/7/13), 118 So.3d 332, 337. Furthermore, Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), which dealt with juvenile homicide offenders, does not apply retroactively in state cases on collateral review. See State v. Tate, 2012-2763 (La. 11/5/13), 130 So.3d 829.

JTP

JMM

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COURT OF APPEAL, FIRST CIRCUIT __________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Nelson

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 5, 2014
NO. 2014 KW 0201 (La. Ct. App. May. 5, 2014)
Case details for

State v. Nelson

Case Details

Full title:STATE OF LOUISIANA v. LAVAR NELSON

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: May 5, 2014

Citations

NO. 2014 KW 0201 (La. Ct. App. May. 5, 2014)