89 So. 3d 405
La. Ct. App.2012Background
- Melvin Mason was convicted in 1974 of two counts of aggravated rape (juvenile offender) and armed robbery with two concurrent life sentences; the armed robbery sentence ran consecutively to the life terms.
- Following Graham v. Florida, Mason sought resentencing to twenty years on each count consistent with Louisiana precedent (Craig), arguing the life sentences were illegal for a juvenile nonhomicide offender.
- The district court amended the life sentences to clarify parole eligibility but did not re-sentence to a fixed term; Mason moved to reconsider under La.C.Cr.P. art. 881.1 A(l), which was denied and preserved for appeal.
- Louisiana Supreme Court decisions in Shaffer and Richards directed how to apply Graham; Shaffer held the Governor’s clemency pathway cannot be used to grant parole eligibility, and ordered parity with parole eligibility criteria.
- This court followed Shaffer, rejecting the Craig remedy for Mason and concluding Mason is parole-eligible immediately; the court amended the sentences to natural life with immediate parole eligibility and directed corrections to Mason’s prison master.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham require an immediate parole opportunity for juvenile nonhomicide offenders? | Mason argues Shaffer/ Graham require immediate parole eligibility. | State contends parole eligibility is governed by statute and may not require immediate release. | Graham requires meaningful opportunity to obtain release; Mason is immediately parole-eligible per Shaffer. |
| Whether Shaffer overruled the Craig remedy for Mason's sentences | Craig provides a twenty-year term; Mason argues Shaffer implicitly overruled Craig. | State maintains Shaffer rejects the Craig remedy for similarly situated inmates. | Shaffer forecloses applying the Craig remedy to Mason. |
| What is the proper remedy to align Mason's sentence with Graham and Shaffer? | Mason seeks immediate release or a fixed-term replacement under Craig. | State defends maintaining life terms with parole considerations as dictated by Shaffer. | Amend concurrent life sentences to reflect immediate eligibility for parole consideration. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 56 (U.S. Supreme Court 2010) (juvenile nonhomicide life without parole unconstitutional; meaningful opportunity to obtain release)
- State v. Shaffer, 77 So.3d 939 (La. 2011) (parole eligibility cannot be ensured by executive clemency; mandates parole eligibility framework)
- State v. Richards, 78 So.3d 864 (La. App. 4th Cir. 2011) (followed Shaffer's approach to Graham remedies)
- State v. Craig, 340 So.2d 191 (La. 1976) (remanded for resentencing to twenty years for next lesser-included offense)
- Solem v. Helm, 463 U.S. 277 (U.S. Supreme Court 1983) (commutation as executive clemency; ad hoc and not directive standards)