104 So. 3d 137
La. Ct. App.2012Background
- Walder was convicted of aggravated rape at age 17 and originally sentenced to life without parole, later affirmed on direct appeal.
- In 2011, after Graham v. Florida, Walder moved to correct an illegal sentence; the trial court vacated the original sentence and resentenced him to life with parole eligibility.
- Shaffer v. Leason v. Dyer (La. Supreme Court per curiam) addressed juvenile aggravated rape sentences and mandated a Graham-compliant remedy, including parole eligibility rather than automatic clemency.
- The Louisiana Supreme Court directed that the Shaffer remedy be applied; appellate courts must follow the latest state-law interpretation.
- The present court followed Shaffer, deleting the parole restriction and directing DPS&C to update the defendant’s prison master to reflect parole eligibility.
- The court clarified that parole eligibility is determined by the Board of Parole, not by executive clemency, and noted a 2012 act adding parole-eligibility criteria for juvenile non-homicide offenders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did resentencing to life with parole violate Graham’s rule? | Walder argues parole eligibility should not be granted under Graham. | Walder contends the remedy is improper judicial legislation and violates separation of powers. | No merit; Shaffer permits parole eligibility as remedy. |
| Should the remedy follow Shaffer instead of Craig? | Relies on Craig to mandate attempted aggravated rape sentencing. | Shaffer supersedes Craig; parole eligibility is appropriate. | Shaffer controls; court adopts Shaffer remedy. |
| Is Walder eligible for parole despite life sentence without prior parole eligibility? | Argues commutation or clemency not required; Shaffer removes restriction. | Parole eligibility is within Board’s purview and not guaranteed. | Parole eligibility must be considered; sentence amended per Shaffer. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (Eighth Amendment prohibits life without parole for non-homicide juvenile offenders without a meaningful opportunity for release)
- Shaffer v. Leason, Dyer, 77 So.3d 928 (La. 2011) (remedy for juvenile aggravated rape sentences; permits parole eligibility rather than perpetual confinement)
- Shaffer, 77 So.3d 939 (La. 2011) (per curiam; guidance on applying Graham remedy and parole access)
- Leason, 77 So.3d 933 (La. 2011) (per curiam; related juvenile aggravated rape case with Shaffer decisions)
- Dyer, 77 So.3d 928 (La. 2011) (per curiam; related juvenile aggravated rape case with Shaffer decisions)
- State v. Craig, 340 So.2d 191 (La. 1976) (remanded for resentencing to next available responsive verdict in aggravated rape death case)