State Of Louisiana VS Eddie Roosevelt Smith
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA 2013 N0. KW 2003 VERSUS EDDIE In ROOSEVELT Re: MAR 1 4 Zp SMITH Eddie Roosevelt 19th Judicial Rouge, BEFORE: relator' The to motion So. 3d AND trial for supervisory Parish in 2013 McCLENDON, writs, Baton East of State in err and denying unconstitutional Tate, 2012- 2763 the v. Louisiana 5912118, WL not illegal an JJ. did court correct Recently, sentence . Court, McDONALD DENIED. s applying 08- 94- 1327 . No. PETTIGREW, WRIT Smith, District ( La. 11/ 5/ 13) , Supreme Court addressed the res nova issue of whether the holding in Miller v. Alabama, U. S . 132 After conducting an 307, 109 1060, Supreme cases Court on criminal nor S . Ct . held collateral found 103 review that 15 : 574 . 4 ( E) ( La. 1) as it apply P. TMM OF APPEAL, FIRST CIRCUIT a DE CLERK FOR THE OF COURT COURT v. apply sets is art. convictions rendered. 489 U. S . the 288, Louisiana retroactively forth a neither and Louisiana 878 . 1 ( 2012) was Lane, fairness the prospectively. PMc whose decision ( 1989) , not which fundamental Crim. 334 merely JTP COURT Teague 407 L. Ed. 2d offenders does Furthermore, Code only under 183 Miller L. Ed. 2d procedure the of proceedings . the Miller constitutional implicative criminal when analysis that 2455, juvenile to retroactively homicides were final applied for S . Ct . new rule substantive accuracy Supreme and in of La. of Court R. S.
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