Opinion
NO. 2014 KW 0305
05-05-2014
STATE OF LOUISIANA v. BYRON RILEY
In Re: Byron Riley, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-96-0704.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. In State v. Tate, 2012-2763 (La. 11/5/13), 130 So.3d 829, the Louisiana Supreme Court addressed the res nova issue of whether the holding in Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) applied retroactively to juvenile offenders whose convictions for homicides were final when the Miller decision was rendered. After conducting an analysis under Teague v. Lane, 489 U.S. 288, 307, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), the Louisiana Supreme Court held that Miller does not apply retroactively in cases on collateral review as it merely sets forth a new rule of criminal constitutional procedure which is neither substantive nor implicative of the fundamental fairness and accuracy of criminal proceedings. Furthermore, the Louisiana Supreme Court found that La. Code Crim. P. art. 878.1 and La. R.S. 15:574.4(E)(1) only apply prospectively.
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COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT