State of Louisiana v. Darryl Tate, Supreme Court of Louisiana, Docket No. 2012-OK-2763

 

In this case, the Louisiana Supreme Court addressed whether Miller v. Alabama, 567 U.S. __ (2012) applied retroactively in state collateral proceedings. Darryl Tate was a juvenile convicted of second degree murder, and, as such, was sentenced to mandatory life without the possibility of parole. His conviction became final in 1984. But, in light of Miller v. Alabama, Tate filed a motion seeking re-sentencing.

 

The trial court denied his motion. However, the court of appeal granted writs, remanding the matter for a sentencing hearing. The Louisiana Supreme Court then granted writs to address the retroactivity of Miller to those juvenile homicide convictions final at the time Miller was rendered. Upon review, the Louisiana Supreme Court found Miller did not apply retroactively in cases on collateral review as it merely set forth a new rule of criminal constitutional procedure, which is neither substantive nor implicative of the fundamental fairness and accuracy of criminal proceedings. Therefore, the Louisiana Supreme Court reversed the ruling of the court of appeal and reinstated the ruling of the trial court.

 

Contact Stephen D. Hébert

700 Camp Street, Suite 216 
New Orleans, LA 70130
Office: 504-528-9500 Ext. 790

Mobile: 504-250-6020

Fax: 504-934-2000

This email address is being protected from spambots. You need JavaScript enabled to view it.

Business Hours
Monday – Friday, 9am – 5pm
Saturday, 9am – 12pm

Copyright © Stephen D. Hebert, LLC | 700 Camp Street, Suite 216, New Orleans, LA 70130 | Disclaimer