Opinion
No. 2013–KH–2028.
07-31-2014
STATE ex rel. Aaron HAUSER v. STATE of Louisiana.
Opinion
In re Hauser, Aaron;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Beauregard, 36th Judicial District Court Div. A, No. CR–1983–548; to the Court of Appeal, Third Circuit, No. KH 13–00391.
Denied. See State v. Tate, 12–2763 (La.11/5/13), 130 So.3d 829, cert. denied, Tate v. Louisiana, ––– U.S. ––––, 134 S.Ct. 2663, 189 L.Ed.2d 214 (2014)
JOHNSON, C.J., would grant. In State v. Tate, 2012–2763 (La.11/5/13), 130 So.3d 829, this court held that Miller v. Alabama, 567 U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), does not retroactively apply to juvenile offenders whose life sentences were handed down before the Supreme Court issued its opinion. In my view, Miller announced a new rule of criminal procedure that is substantive, and consequently should apply retroactively.