Supreme Court of Louisiana, 1998

The Louisiana Supreme Court granted the writ and reinstated Parker’s second-degree murder conviction and sentence. It held that his filing alleged trial error, not an illegal sentence, so the three-year post-conviction prescriptive period applied and his late realization of possible error did not qualify as discovery…

The court held that a habitual-offender mandatory minimum is presumed constitutional and may be reduced only on clear and convincing evidence that the defendant is exceptional and the minimum is excessive as applied to him.

The court held that the trial court applied a repealed custody statute, requiring de novo review, and concluded that joint legal custody remained appropriate but four-month alternating physical custody was not in the child’s best interest.