State of Louisiana v. Thayer Green
2017 La. LEXIS 1391
La.2017Background
- Defendant (17 at offense) forced entry into victim K.L.’s apartment on July 10, 2012, assaulted her, and was convicted of home invasion, simple robbery, and second-degree battery.
- After convictions, State filed a habitual offender bill relying on two 2012 guilty pleas to prior felonies; trial court adjudicated defendant a third-felony offender and resentenced him to life without parole under La. R.S. 15:529.1(A)(3)(b).
- Defense discovered late (day two of trial) that the State had downloaded ~635 pages of text messages from defendant’s phone; trial court allowed limited use but excluded the messages themselves and denied mistrial/new trial.
- First Circuit affirmed convictions and sentence; this Court granted certiorari to consider, inter alia, whether Graham v. Florida applies to a habitual-offender life-without-parole sentence imposed for an offense committed as a juvenile.
- The Louisiana Supreme Court held Graham applies to habitual-offender life-without-parole sentences imposed for juvenile non-homicide offenses, amended the life sentence to restore parole eligibility, and remanded for resentencing and an evidentiary hearing on excessiveness and consecutive-term justification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Late disclosure / Brady | State’s late production of text messages suppressed exculpatory/impeaching evidence and deprived fair trial | Disclosure occurred before trial and defense could have obtained messages earlier with reasonable diligence; no material prejudice shown | Majority: No Brady relief — messages available by diligence, defense had opportunity to use relevant portions; dissent would reverse for Brady violation |
| Applicability of Graham v. Florida to habitual-offender sentence | N/A (Graham is petitioner-side precedent) | Graham prohibits life-without-parole for juvenile non-homicide offenders; applies even where life is imposed via Habitual Offender Law | Court: Graham applies; habitual-offender life without parole for juvenile non-homicide offense is illegal and correctable at any time; delete parole prohibition and make defendant parole-eligible per La. R.S. 15:574.4(D) |
| Consecutive sentences for same episode | N/A | Trial court abused discretion imposing consecutive 4-year terms arising from same transaction; no articulated reasons | Court: Presumption favors concurrent sentences; remand for trial court to articulate reasons and consider whether defendant poses grave risk justifying consecutive terms |
| Excessiveness of mandatory habitual life | N/A | Life (even with later parole eligibility) is grossly disproportionate here given youth, limited criminal history, mitigation; trial court should consider downward departure | Court: Defendant demonstrated substantial possibility that sentence may be excessive; remand for Dorthey/Johnson evidentiary hearing and resentencing consideration |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (prohibits life without parole for juvenile non-homicide offenders; requires meaningful opportunity for release)
- Brady v. Maryland, 373 U.S. 83 (prosecution must disclose favorable, material evidence)
- Kyles v. Whitley, 514 U.S. 419 (materiality standard for Brady)
- Montgomery v. Louisiana, 136 S. Ct. 718 (substantive constitutional rules apply retroactively and are reviewable at any time)
- State v. Brown, 118 So.3d 332 (La. 2013) (applied Graham to an actual life term; preserved parole eligibility)
- State ex rel. Morgan v. State, 217 So.3d 266 (La. 2016) (held an effective life term violated Graham)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (framework for downward departure when mandatory sentence is excessive)