July 25, 29, and 31, 2014 - Actions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #040</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;On the&nbsp;25th day of July, 2014, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:WRIT APPLICATION(S) DENIED:2014-CC-1525	BLAINE BREAUX, ET AL. v. STEPHEN RODRIGUE, ET AL. (Parish of Lafayette) GUIDRY, J., would grant.&nbsp;On the&nbsp;29th day of July, 2014, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:WRIT APPLICATION(S) GRANTED:2014-KK-1433	STATE OF LOUISIANA v. MARSHALL J. RICHARDSON (Parish of Orleans) JOHNSON, C.J., would deny.WRIT APPLICATION(S) DENIED:2014-KK-1361	STATE OF LOUISIANA v. JOSEPH PAYNE (Parish of Orleans)&nbsp;On the&nbsp;31st day of July, 2014, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:APPLICATION FOR RECONSIDERATION(S) DENIED:2013-CI-1973	ALLEN SIMPSON v. LOUISIANA DEPARTMENT OF SAFETY AND CORRECTIONS (Parish of E. Baton Rouge)2013-KH-1981	STATE EX REL. KEVIN ALEXANDER v. STATE OF LOUISIANA (Parish of St. John)2013-KH-2233	STATE EX REL. SAMUEL LYNN SPEED v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2249	STATE EX REL. DEVANGALO DEON GRAHAM v. STATE OF LOUISIANA (Parish of Desoto)2013-KH-2251	STATE EX REL. BRANDON LAVERGNE v. STATE OF LOUISIANA (Parish of Lafayette)2013-KH-2270	STATE EX REL. KENNETH WAYNE MONTGOMERY v. STATE OF LOUISIANA (Parish of Calcasieu)2013-KH-2392	STATE EX REL. BRANDON LAVERGNE v. STATE OF LOUISIANA (Parish of Evangeline)WRIT APPLICATION(S) DENIED:2012-KH-2570	STATE EX REL. FREDERICK JOHNSON v. STATE OF LOUISIANA (Parish of Vernon) JOHNSON, C.J., 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.2013-KH-0208	STATE EX REL. KARL DAVIS v. STATE OF LOUISIANA (Parish of Orleans) 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.2013-KH-0360	STATE EX REL. DONALD ROSS HUMBLE v. STATE OF LOUISIANA (Parish of Plaquemines) 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.2013-KH-1033	STATE EX REL. JOHN THOMAS CZERE, III v. STATE OF LOUISIANA (Parish of St. Tammany) 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.2013-KH-1156	STATE EX REL. CHARLES WAYNE SNEED v. STATE OF LOUISIANA (Parish of Bienville) JOHNSON, C.J., 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.2013-KH-1918	STATE EX REL. RODERICK THOMAS v. STATE OF LOUISIANA (Parish of Rapides) 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.2013-KH-2028	STATE EX REL. AARON HAUSER v. STATE OF LOUISIANA (Parish of Beauregard) 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.2013-KH-2187	STATE EX REL. FREDERICK THOMAS v. STATE OF LOUISIANA (Parish of Rapides) 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.2013-KH-2227	STATE EX REL. GERALD STOVES v. STATE OF LOUISIANA (Parish of Terrebonne)2013-KH-2454	STATE EX REL. JOHN DALE HALL v. STATE OF LOUISIANA (Parish of Winn) 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.2013-KH-2487	STATE EX REL. LUE ELBERT SULLIVAN v. STATE OF LOUISINA (Parish of Jefferson) 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.2013-KH-2523	STATE EX REL. RANDY KAYSEN v. STATE OFLOUISIANA (Parish of Jefferson)2013-KH-2562	STATE EX REL. EARL ROBINSON, JR. v. STATE OF LOUISIANA (Parish of West Feliciana)2013-KH-2565	STATE EX REL. JACKIE J. GREEN v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2576	STATE EX REL. ARTHUR WILLIAMS v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2577	STATE EX REL. HAROLD EVANS v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2612	STATE EX REL. DAVID A. LEE v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2645	STATE EX REL. JOSHUA G. KELLY v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2649	STATE EX REL. JOHNNIE ROBERTS, JR. v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2652	STATE EX REL. GEORGE ANTHONY COLLIER v. STATE OF LOUISIANA (Parish of Ouachita)2013-KH-2661	STATE EX REL. KENYATTA CURTIS v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2662	STATE EX REL. JEREMY COLBERT v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2663	STATE EX REL. MICHAEL MAYBERRY v. STATE OF LOUISIANA (Parish of Orleans) HUGHES, J., would grant.2013-KH-2669	STATE EX REL. BARRY A. FERGUSON v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2670	STATE EX REL. SAMUEL KELLY v. STATE OF LOUISIANA (Parish of Jefferson) HUGHES, J., As the writ report acknowledges, the state&rsquo;s &ldquo;key witness&rdquo; committed perjury on the stand, and the state dismissed a rule to revoke his probation, while the witness testified the state made him no promises. The defendant was convicted of murder primarily on the testimony of this one witness with no physical evidence. I would grant the writ to order an evidentiary hearing.2013-KH-2671	STATE EX REL. DENNIS WELDON THOMPSON v. STATE OF LOUISIANA (Parish of Sabine)2013-KH-2673	STATE EX REL. RAGAN MAYO v. STATE OF LOUISIANA (Parish of Vernon)2013-KH-2675	STATE EX REL. JARVIS BALLARD v. STATE OF LOUISIANA (Parish of St. Bernard)2013-KH-2682	STATE EX REL. RHONDA K. OLIVER v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2683	STATE EX REL. JEFFERY BAHAM v. STATE OF LOUISIANA (Parish of Washington) WEIMER, J., recused.2013-KH-2691	STATE EX REL. DWAYNE WILLIAMS v. STATE OF LOUISIANA (Parish of Jefferson) JOHNSON, C.J., would grant.2013-KH-2692	STATE EX REL. EDWARD HENDERSON, JR. v. STATE OF LOUISIANA (Parish of St. Mary)2013-KH-2693	STATE EX REL. DEMOND TANNER v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2694	STATE EX REL. HARRIS COLLINS v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2695	STATE EX REL. PHIL BANKS v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2702	STATE EX REL. LEVANCE A. WILLIAMS v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2703	STATE EX REL. STEVEN DALE MOUNCE v. STATE OF LOUISIANA (Parish of St. Tammany)2013-KH-2710	STATE EX REL. SANTANNA DAVIDSON v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2711	STATE EX REL. SHERAMI FREYOU v. STATE OF LOUISIANA (Parish of Iberia)2013-KH-2712	STATE EX REL. SHANMARCUS A. BUTLER v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2713	STATE EX REL. WILLIAM BARNES v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2714	STATE EX REL. TJIANNA T. KELLY v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2715	STATE EX REL. ALBERT PATTERSON v. STATE OF LOUISIANA (Parish of E. Baton Rouge)2013-KH-2718	STATE EX REL. RAYMOND WADE v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2719	STATE EX REL. SHANNON ALEXANDER v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2720	STATE EX REL. DANTERRIUS K. HOLMES v. STATE OF LOUISIANA (Parish of Ouachita)2013-KH-2722	STATE EX REL. TOMMY CULLIER v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2734	STATE EX REL. JAMES T. PRYOR v. STATE OF LOUISIANA (Parish of Washington)2013-KH-2735	STATE EX REL. JONATHAN BLACK v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2736	STATE EX REL. TERRY WAYNE MAYS v. STATE OF LOUISIANA (Parish of West Feliciana)2013-KH-2737	STATE EX REL. LUCIEN JAMAR TRAMMELL v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2738	STATE EX REL. CARL A. STEWART v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2739	STATE EX REL. CARL A. STEWART v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2743	STATE EX REL. ANTHONY HOLLIDAY v. STATE OF LOUISIANA (Parish of E. Baton Rouge)2013-KH-2744	STATE EX REL. ROBERT NEELY v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2745	STATE EX REL. JAMES RONALD FRANKS v. STATE OF LOUISIANA (Parish of Bossier)2013-KH-2746	STATE EX REL. HAROLD WAYNE JOHNSON v. STATE OF LOUISIANA (Parish of Ouachita) CLARK, J., recused.2013-KH-2767	STATE EX REL. KENNY WAYNE WHITMORE v. STATE OF LOUISIANA (Parish of E. Baton Rouge) WEIMER, J., recused.2013-KH-2768	STATE EX REL. ANDREW JOSEPH FUSILIER v. STATE OF LOUISIANA (Parish of Calcasieu)2013-KH-2771	STATE EX REL. DEREK DEWAYNE HARRIS v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2773	STATE EX REL. KEVIN STEWART v. STATE OF LOUISIANA (Parish of Terrebonne) WEIMER, J., recused.2013-OK-2797	STATE EX REL. ERNEST BATTLE, JR. v. STATE OF LOUISIANA (Parish of St. Tammany)2013-KH-2798	STATE EX REL. FREDRICK HARRIS v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2799	STATE EX REL ROBERT T. YOUNG, JR. v. STATE OF LOUISIANA (Parish of Washington)2013-KH-2800	STATE EX REL. JERRY FLETCHER v. STATE OF LOUISIANA (Parish of Grant)2013-KH-2801	STATE EX REL. MARKUS D. LANIEUX v. STATE OF LOUISIANA (Parish of Jefferson) JOHNSON, C.J., would grant.2013-KH-2803	STATE EX REL. DANIEL WATTS v. STATE OF LOUISIANA (Parish of Tangipahoa)2013-KH-2804	STATE EX REL. JAMES CHARGOIS v. STATE OF LOUISIANA (Parish of Iberia)2013-KH-2805	STATE EX REL. ROBBREION GREEN v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2807	STATE EX REL. ROLAND DAVID THOMPSON v. STATE OF LOUISIANA (Parish of Richland)2013-KH-2808	STATE EX REL. JOHN CAUSEY v. STATE OF LOUISIANA (Parish of E. Baton Rouge)2013-KH-2809	STATE EX REL. JOHN HOWARD SCOTT v. STATE OF LOUISIANA (Parish of E. Baton Rouge)2013-KH-2834	STATE EX REL. MELVIN JOHNSON v. STATE OF LOUISIANA (Parish of Caddo)2013-KH-2835	STATE EX REL. DAVID LANDOR v. STATE OF LOUISIANA (Parish of Lafayette)2013-KH-2836	STATE EX REL. GARY BOUDREAUX v. STATE OF LOUISIANA (Parish of Vermilion) KNOLL, J., recused.2013-KH-2840	STATE EX REL. EDMOND D. SPENCER v. STATE OF LOUISIANA (Parish of Washington)2013-KH-2846	STATE EX REL. MICHAEL WASHINGTON v. STATE OF LOUISIANA (Parish of Washington) WEIMER, J., recused.2013-KH-2847	STATE EX REL. BERTRAM YOUNG v. STATE OF LOUISIANA (Parish of St. Tammany)2013-KH-2851	STATE EX REL. KEVIN WILLIAMS v. STATE OF LOUISIANA (Parish of St. Tammany)2013-KH-2853	STATE EX REL. WILLIAM D. HOBBS v. STATE OF LOUISIANA (Parish of Ouachita)2013-KH-2856	STATE EX REL. QUANTRELL KELSON v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2857	STATE EX REL. EARLY D. CLARK v. STATE OF LOUISIANA (Parish of Tensas)2013-KH-2866	STATE EX REL. EDWARD JOHNSON v. STATE OF LOUISIANA (Parish of Jefferson)2013-KH-2867	STATE EX REL. DONALD WILLIAMS v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2868	STATE EX REL. CHERAHKEI PARKER v. STATE OF LOUISIANA (Parish of E. Baton Rouge)2013-KH-2884	STATE EX REL. BENJAMIN HARRIS v. STATE OF LOUISIANA (Parish of Natchitoches)2013-KH-2888	STATE EX REL. JEFFREY STEWART v. STATE OF LOUISIANA (Parish of Orleans)2013-KH-2893	STATE EX REL. RODNEY J. TOLLIVER v. STATE OF LOUISIANA (Parish of Lafayette) 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.2014-KH-0562	STATE EX REL. MICHAEL FASOLA v. STATE OF LOUISIANA (Parish of St. Charles) 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.&nbsp;
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