State v. Brown
118 So. 3d 332
La.2013Background
- Brown, a juvenile, committed aggravated kidnapping and four counts of armed robbery as a 16-year-old.
- Sentences: life imprisonment without parole for aggravated kidnapping; four 10-year terms for armed robberies; all run consecutively.
- Graham v. Florida (2010) held life without parole for non-homicide juvenile offenses violates Eighth Amendment and requires meaningful opportunity for release.
- Louisiana amended parole rules post-Graham, including La. Rev. Stat. 15:574.4(D) allowing parole consideration after 30 years if conditions are met.
- District court amended life sentence to be parole-eligible but treated armed-robbery terms as subject to Graham’s reach; court of appeal initially disagreed, then affirmed; state sought Supreme Court review.
- This court holds Graham applies to life-without-parole only and not to term-of-years sentences; issues remanded to trial court to amend consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham apply to multi-offense consecutive sentences | Brown argues Graham extends to the armed-robbery terms | State argues Graham does not require revising term-of-years sentences | Graham does not extend to term-of-years sentences; not amended here. |
| Effect of 15:574.4(D) on parole eligibility for juvenile life non-homicide offenders with additional non-homicide offenses | Legislature intended parole eligibility after 30 years may apply | Armed-robbery terms remain without parole; life sentence amended still separate | Statutory framework provides parole eligibility after 30 years; with multi-offense context unresolved here. |
| Whether trial court could amend four armed-robbery sentences to remove parole restrictions | Graham requires meaningful release opportunity for juveniles | Legislature controls sentencing structure; no authority to amend term-of-years sentences | Trial court erred in amending armed-robbery sentences; remanded for amendment consistent with opinion. |
| Disposition on remand | Remand for conforming amendments to Graham framework | Maintain separate treatment of life vs. term sentences | Remand to amend life sentence per Graham/Shaffer; retain armed-robbery terms as originally sentenced. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (prohibits life without parole for non-homicide juvenile offenses; requires meaningful opportunity for release)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty for under-18 unconstitutional)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (life without parole for juvenile homicide offenders requires consideration of mitigating factors)
- Shaffer, 77 So.3d 939 (La. 2011) (Graham's impact on parole eligibility for juveniles serving life terms)
- Bunch v. Smith, 685 F.3d 546 (2012) (Sixth Circuit: Graham not extended to consecutive fixed-term sentences for multiple non-homicide offenses)