Opinion
No. 2022-KO-01791.
05-02-2023
STATE of Louisiana v. Cassetti Dewayne BROWN, Jr.
Applying For Writ Of Certiorari, Parish of Vernon, 30th Judicial District Court Number(s) 91528-AM-HAB, Court of Appeal, Third Circuit, Number(s) KA 22-483.
Writ application denied.
Hughes, J., would grant.
Griffin, J., additionally concurs in the denial and assigns reasons.
GRIFFIN, J., additionally concurs in the denial and assigns reasons.
While I concur in the denial of this writ, I write separately to express concern on whether the laws at issue in this matter themselves constitute cruel, excessive, or unusual forms of punishment or are otherwise constitutional. See U.S. const. amend. 8, 14, and La. Const. art. 1 § 20. If the laws here are declared unconstitutional, this would amount to substantive criminal law changes requiring retroactive application. See State v. Reddick, 2021-01893 (La. 10/21/22), 351 So.3d 273.