Supreme Court of Louisiana

State ex rel. Lee Roy Jenkins v. State of Louisiana

August 31, 2018252 So. 3d 476

Summary

The Supreme Court of Louisiana granted the writ of habeas relief, holding that the petitioner, who was sentenced to life imprisonment as a juvenile before Louisiana divided murder into first‑ and second‑degree offenses, is eligible for parole consideration under La.R.S. 15:574.4(D)(1). The Court found that a Miller hearing is unnecessary because the statute itself provides the required remedy. Justices Weimer and Clark each filed dissenting opinions, with Weimer advocating a remand for a hearing and Clark opposing the writ.