State v. Dyer
77 So. 3d 928
La.2011Background
- Relators Shaffer, Leason, and Dyer were juveniles under 18 when they committed aggravated rape and were sentenced to life imprisonment at hard labor (Dyer without parole).
- Louisiana law at the time included commutation provisos and parole eligibility constraints that effectively barred parole unless life sentences were commuted or otherwise made eligible.
- Graham v. Florida (2010) held that the Eighth Amendment forbids a juvenile non-homicide offender from receiving a life-without-parole sentence and requires a meaningful opportunity for release based on rehabilitation.
- Relators argued Graham requires resentence to the next lesser offense and removal of parole barriers, or, at minimum, a meaningful parole process under state law.
- The majority refused to order immediate release or a fixed-term resentencing, but held that Graham requires a meaningful opportunity to obtain release through the state parole system.
- The court amended Dyer’s sentence to remove the parole restriction and instructed adjustments to Shaffer and Leason’s parole-access eligibility under La.R.S. 15:574.4(A)(2), directing DOC to update records accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham require parole eligibility for juvenile non-homicide lifers? | Shaffer/Leason: commutation provisos violate Graham; must provide parole access. | State: commutation provisions can be severed to give parole access; the system provides rehabilitation opportunities. | Graham requires meaningful opportunity to obtain release; commutation provisos cannot block parole eligibility. |
| What is the proper remedy to satisfy Graham in these cases? | Remand for resentencing to fixed terms (or remove parole barriers) to reflect Graham. | Remand not required; adjust parole-eligibility under existing statutes. | Remedy through parole-eligibility framework, not automatic fixed-term resentencing; not ordering immediate parole release. |
Key Cases Cited
- Graham v. Florida, 560 U.S. __ (2010) (juvenile non-homicide life without parole unconstitutional; requires meaningful opportunity for release)
- Roper v. Simmons, 543 U.S. 551 (2005) (juveniles have reduced culpability; death penalty unconstitutional for juveniles)
- Solem v. Helm, 463 U.S. 277 (1983) (life sentence without parole excessive; emphasizes clemency vs. rehabilitative opportunity)
- Bosworth v. Whitley, 627 So.2d 629 (La. 1993) (parole eligibility barred by operation of law where life sentence is imposed)
- State v. Wilson, 362 So.2d 536 (La. 1978) (parole provisions affected by commutation and statutory language)
- Angel v. State, 281 Va. 248 (2011) (comparable approach to Graham in a jurisdiction largely eliminating parole)