State v. Oliphant
2013 La. LEXIS 568
La.2013Background
- Defendant Oliphant struck and killed a pedestrian while highly intoxicated; BAC .247; he pled guilty to vehicular homicide under La.Rev.Stat. § 14:32.1.
- District Court sentenced 25 years with fifteen years without benefits and designated the offense a crime of violence under La.Rev.Stat. § 14:2(B).
- Court of Appeal affirmed conviction, reversed the CV designation, vacated the sentence, and remanded for resentencing.
- Louisiana Supreme Court granted with guidance on whether vehicular homicide fits the general definition of a crime of violence in § 14:2(B).
- Statutory framework: § 14:2(B) defines crime of violence, enumerates examples, and allows an unenumerated offense to qualify if it involves force or a dangerous weapon; Art. 890.1 required designation of violence at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether vehicular homicide qualifies as a crime of violence under § 14:2(B). | Oliphant argues vehicular homicide lacks force-based element. | Oliphant advocates narrow, intent-focused reading akin to Leocal. | Vehicular homicide qualifies as a crime of violence. |
| Does a vehicle used by an intoxicated driver constitute use of a dangerous weapon under § 14:2(B) or involve substantial risk of force? | State asserts force and risk are inherent in causing death by vehicle. | Defense argues lack of intentional force emission. | Yes; vehicle use constitutes force and substantial risk. |
| Should the Court defer to Leocal v. Ashcroft on the interpretation of 'use' in § 14:2(B)? | Leocal supports a broader interpretation beyond strict intent. | Louisiana law requires state-specific statutory construction. | Although persuasive, Louisiana follows its own statutory construction rules. |
| What are the sentencing consequences once vehicular homicide is deemed a crime of violence? | District Court's 15-year parole-ineligibility should stand. | Parole eligibility must reflect 85% term due to § 15:574.4B(1). | Vacate sentence and remand to recalculate under 85% parole rule. |
Key Cases Cited
- State v. Oliphant, 100 So.3d 822 (La. 2012) (discusses CV designation for vehicular homicide under § 14:2(B))
- Leocal v. Ashcroft, 543 U.S. 1 (U.S. 2004) (holds 'use' requires intentional employment of force in US context)
- State v. Smith, 47 So.3d 553 (La. App. 2 Cir. 2010) (illustrates illustrative, not exhaustive list of CV offenses)