Legal Opinion

State v. Tate

Supreme Court of Louisiana

Decided November 5, 2013No. 2012-OK-2763PublishedCited by 168 opinions

1Opinion of the Court

KNOLL, Justice.

11 This criminal post-conviction proceeding presents the res nova issue of whether Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), in which the United States Supreme Court held mandatory life imprisonment without parole for juvenile homicide offenders violates the Eighth Amendment prohibition of cruel and unusual punishments, applies retroactively in state collateral proceedings. The defendant, Darryl Tate, whose mandatory life-without-parole sentence for a second-degree murder he committed as a juvenile became final in 1984, filed a motion seeking…

Also in this document: Dissent.

2Cases cited54 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Bousley v. United StatesSupreme Court of the United States · 1998
  4. Lockett v. OhioSupreme Court of the United States · 1978
  5. Miller v. AlabamaSupreme Court of the United States · 2012

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3Cited by168 opinions

  1. Montgomery v. LouisianaSupreme Court of the United States · 2016
  2. State v. LyleSupreme Court of Iowa · 2014
  3. Rebecca Lee Falcon v. State of FloridaSupreme Court of Florida · 2015
  4. Maxwell, Ex Parte TerrellCourt of Criminal Appeals of Texas · 2014
  5. Tate v. LouisianaSupreme Court of the United States · 2014

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