Opinion
22-K-333
07-22-2022
STATE OF LOUISIANA v. JORDAN STREETY IN RE STATE OF LOUISIANA
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", NUMBER 18,60
Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and Hans J. Liljeberg
WRIT GRANTED; REMANDED
Relator, the State of Louisiana, seeks review of the trial court's ruling denying its proposed jury instruction regarding mandatory life sentences when the offender was a juvenile at the time of the alleged offense.
Upon review, we find the trial court erred in denying the State's proposed jury instruction. To inform the jury that if defendant is convicted of first degree rape "the sentence would be mandatory life" disregards La. R.S. 15:574.4 D and more importantly, Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), in which the U.S. Supreme Court prohibited a life sentence without the possibility of parole for juvenile offenders. The trial court's instruction is therefore an incorrect statement of the law. See State v. Louding, 13-426 (La.App. 1 Cir. 04/24/13), 2013WL12125421 (unpublished writ disposition).
Accordingly, we grant the State's writ application, reverse the trial court's ruling denying the State's proposed jury instruction, and remand this matter for further proceedings.
Gretna, Louisiana, this 22nd day of July, 2022.
SJW
RAC
HJL