State v. Jones

|! Granted. Defendant is entitled to the benefit of the decision in Miller v. Alabama, 567 U.S. —, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), because his case was in the direct review pipeline when Miller was decided. See Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (new rules of constitutional criminal procedure apply retroactively to all cases pending on direct review or in the direct review pipeline); compare State v. Tate, 12-2713 (La.11/5/13)(Miller not retroactive to final sentences subject only to collateral attack). The court of appeal erred, however, in…