Derek L. Harris v. Louisiana
Challenging Habitual Offender Laws
Mr. Harris, a veteran, was sentenced to life without parole for selling $30 worth of marijuana. This is a grotesque abuse of Louisiana’s harsh habitual offender law, which allowed prosecutors to punish Mr. Harris for proceeding to trial. Louisiana has long had the highest population of people serving life without parole (LWOP) or its equivalent for non-violent offenses. As a 2013 study demonstrates, ninety-one percent of these individuals are, like Mr. Harris, African-American.
Mr. Harris’ LWOP sentence is truly shocking because it was obtained not just as a result of a prosecutor’s zeal, but due to his trial lawyer’s failures at both the plea and sentencing phases.
In 2020, PJI attorney, Cormac Boyle, argued before the Louisiana Supreme Court that the errors committed by Mr. Harris’ trial counsel made his sentence unconstitutional. In early June, the Court agreed that due process, or fair treatment under the law, requires such a review. In July, the Court agreed and referred the matter back to the district court. Prior to PJI’s victory, people like Mr. Harris had no meaningful opportunity to argue that their sentence was extreme or their lawyer was incompetent if they had already been convicted.
On August 6, 2020, before the district court, the District Attorney’s office agreed that Mr. Harris received ineffective assistance at sentencing and was entitled to a lesser sentence. Mr. Harris and the District Attorney agreed, and Judge Laurie Hulin accepted, that the nine year sentence—which Mr. Harris has already served—would be appropriate under the circumstances. Mr. Harris’ resentencing gives hope to many others around the state who have unjustly suffered under the habitual offender law, and will now be able to challenge their sentences post-conviction.
On August 18, 2020, family members and advocates of Derek Harris rejoiced following his release after almost a decade in prison.