228 So. 3d 207
La. Ct. App.2017Background
- Defendant Corey Scott was indicted for second-degree murder after shooting Marvin Thomas outside Ragusa’s Grocery in Baton Rouge; surveillance video captured the incident.
- Witness Harold Retana testified that he initiated an unprovoked physical altercation with the victim, felt what he believed to be a gun on the victim, and then the defendant produced a 9mm and fired eight shots, killing Thomas.
- No gun was recovered from the victim or at the scene. The defendant did not testify at trial.
- A jury convicted Scott of second-degree murder; the trial court imposed the mandatory life sentence at hard labor without parole, probation, or suspension under La. R.S. 14:30.1(B).
- Trial counsel did not file a motion to reconsider sentence; Scott appealed, raising (1) that the sentence was excessive and (2) that counsel was ineffective for failing to move to reconsider the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mandatory life sentence was unconstitutionally excessive | State: sentence is within statutory limits and supported by facts | Scott: life sentence excessive; court failed to consider youth (18) and mitigating factors | Court: mandatory life sentence not grossly disproportionate; no downward departure warranted |
| Whether counsel’s failure to move to reconsider sentence was ineffective assistance | State: even if error, no prejudice because sentence is lawful | Scott: counsel deficient for not filing motion; likely would have affected appellate review | Court: no prejudice shown; ineffective-assistance claim fails because sentence is not excessive |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-part ineffective-assistance test)
- State v. Felder, 809 So.2d 360 (La. App. 1st Cir.) (failure to move to reconsider may support ineffectiveness claim only if prejudice shown)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (remedy when mandatory sentence is grossly disproportionate)
- State v. Johnson, 709 So.2d 672 (La. 1998) (standard for showing an "exceptional" defendant to rebut mandatory sentencing presumption)
- State v. Lanclos, 419 So.2d 475 (La. 1982) (articulation requirement for sentencing; adequate factual basis suffices)
- Miller v. Alabama, 567 U.S. 460 (juvenile mandatory life-without-parole unconstitutional)
- Graham v. Florida, 560 U.S. 48 (juveniles cannot receive life-without-parole for nonhomicide offenses)