State v. Macon
86 So. 3d 662
La. Ct. App.2012Background
- Macon was convicted of aggravated rape in 1980 for an offense committed when he was 16 and was sentenced to life without parole, probation, or suspension.
- His conviction was affirmed by the Louisiana Supreme Court in an unpublished 1981 decision; numerous post-conviction relief petitions were denied over the years.
- In Graham v. Florida (2010), the U.S. Supreme Court held juveniles convicted of nonhomicide crimes cannot be sentenced to LWOP without a meaningful chance for parole.
- Following Graham, Shaffer (La. 2011) outlined an interim remedy directing the DOC to revise parole eligibility for similar juvenile aggravated rape cases and to permit Board of Parole consideration, not automatic release.
- Macon filed a post-conviction relief petition in 2010 seeking correction of an illegal sentence; the trial court resentenced him to life with parole eligibility after 50 years, which the defendant challenged as illegal and disproportionate.
- The Louisiana appellate court followed Shaffer and amended Macon’s sentence to delete the parole-ineligibility restriction, directing parole-board eligibility rather than guaranteed release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 50-year parole waiting period illegal under Graham? | Macon argues the 50-year wait violates Graham’s requirement for a meaningful opportunity for release. | The State contends the 50-year term complies with current directives and preserves state discretion. | Yes; the 50-year wait is illegal and inconsistent with Graham and Shaffer. |
| What is the proper remedy after Graham for juvenile nonhomicide aggravated rape? | Macon seeks resentence to the most serious lesser offense, or removal of LWOP with parole access. | State argues for remedy aligned with Shaffer’s approach of restoring parole eligibility rather than re-criminalization. | Remedy is to delete parole ineligibility and provide access to Board of Parole consideration. |
| Does Shaffer bind the court to amend sentencing for Graham violations in Macon’s case? | Shaffer provides applicable guidance for similar cases and requires parole eligibility access. | State may adjust post-Graham sentences but not grant automatic parole. | Yes; Shaffer governs and requires parole-eligibility conforming amendment. |
| Does the Board of Parole determine release eligibility, not this court, and is this consistent with Graham? | Release is for the Board to decide, not an automatic release. | Court should correct the sentence to provide parole eligibility; release remains a Board decision. | Board, not court, decides release; parole access honored satisfies Graham. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile nonhomicide LWOP unconstitutional without chance for parole)
- State v. Shaffer, 77 So.3d 928 (La. 2011) (remedial relief to remove parole ineligibility for juvenile aggrav. rape cases)
- State v. Richards, 78 So.3d 864 (La. App. 4th Cir. 2011) (parole eligibility considerations under Graham-directed remedies)
- State v. Macon, 70 So.3d 780 (La. 2011) ( Louisiana Supreme Court decision referenced; Graham remedy guidance)