238 So. 3d 606
La. Ct. App.2018Background
- Ronald Olivier, convicted of second-degree murder as a juvenile in 1993, was originally sentenced to life without parole; conviction and sentence were affirmed on direct appeal.
- After Miller v. Alabama (2012), Olivier sought correction of sentence; trial court denied relief based on Louisiana precedent and this Court affirmed.
- Olivier obtained federal habeas relief after Montgomery v. Louisiana (2016) held Miller retroactive; the federal court vacated his sentence and ordered resentencing or release.
- On remand the state trial court vacated the 1993 sentence and resentenced Olivier to life with parole eligibility (no probation/suspension); Olivier appealed the corrected sentence.
- Appellate counsel filed an Anders brief requesting withdrawal; this Court conducted independent review, considered Olivier’s pro se supplemental brief, found no non-frivolous issues, affirmed the resentencing, and granted counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Miller/Montgomery | State: Miller requires only consideration of youth and parole eligibility; resentencing complied | Olivier: Miller/Montgomery require individualized sentencing beyond a procedural hearing | Court: Resentencing to life with parole eligibility satisfied Miller/Montgomery; no individualized remedy required |
| Fair notice (Ex post facto / due process) | State: Elements of offense unchanged; parole eligibility does not deprive fair notice | Olivier: New parole-eligible scheme was not available at offense date, violating fair notice | Court: No fair notice violation; sentencing options and elements unchanged; only mitigation procedures added |
| Due process / judicial expansion of penalty | State: Legislature and statutes (La. C.Cr.P. art. 878.1; R.S. 15:574.4) implement Miller; courts may impose life with or without parole | Olivier: resentencing imposed a court-created penalty not legislatively fixed; he should get lesser included offense | Court: Legislature addressed Miller; life with parole is lawful; defendant not entitled to be sentenced to lesser included offense |
| Right to relief / remedy scope after Miller | State: Retroactive relief may be parole eligibility or resentencing; current remedy lawful | Olivier: Remedy applied improperly; trial court used a procedural mechanism to satisfy substantive change | Court: Montgomery permits parole-consideration remedy; trial court’s resentencing conformed to governing precedent |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life-without-parole for juvenile homicide offenders violates Eighth Amendment unless youth is considered)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller announces a substantive rule that applies retroactively on collateral review)
- Anders v. California, 386 U.S. 738 (1967) (procedures governing appointed counsel’s withdrawal when appeal is frivolous)
- State v. Tate, 130 So.3d 829 (La. 2013) (Louisiana decision holding Miller not retroactive; later abrogated by Montgomery)
- State v. Benjamin, 573 So.2d 528 (La. App. 4 Cir.) (framework for this Court’s independent review when counsel seeks to withdraw under Anders)