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