Photo courtesy of PAX / Last Prisoner Project
One Man Landed Life In Prison For Dealing Weed, And A New State Law Is His Last Hope
Lousiana's amendment of the Code of Criminal Procedure Article might be Kevin O'Brien Allen's ticket to freedom.
One Louisiana man was at the wrong place at the wrong time, landing life in prison without parole over dealing minor amounts of cannabis. It started when Kevin O’Brien Allen was selling $20 worth of weed, probably a couple of grams, to an undercover officer in 2012 and 2013, reports High Times.
When heading to court a year later in 2014, he was first sentenced to ten years in prison. This would have been plenty for someone doing something as minor as selling a few grams of pot. But unfortunately, Louisiana has a state law called the “habitual offender status,” meaning someone who has a habit of offending is running the risk of an increased sentence.
Sadly, that’s what happened to Allen. The court ruled that he would be sentenced to prison for life without parole, not even a chance for parole. Many find his story quite compelling, leading to news outlets asking him for interviews, wondering how he’s coping with this extensive sentence.
Photo by Esquire / Getty Images
One interview from 2021 with The New Orleans Advocate notes that Allen says, “All I did was get set up from some drugs…I still feel to this day that I’m not supposed to be here.”
We couldn’t agree more. The father of two had quite a regular life before his sentence, and High Times reports he had a steady and reliable job as well. In Allen’s case and many others like him, they might find solace through a new state law that could help them get out of prison.
La.C.Cr.P. art. 930.10a calls to “amend and reenact Code of Criminal Procedure Article” to the following:
- to relative post-conviction relief
- to provide for a petitioner’s claim of factual innocence
- to provide for exceptions
- to provide for evidence
- to provide for appointment of judges
- to provide for motions of testing evidence
- to provide for grounds for relief
- to provide for burden of proof
- to provide for joint motions
- to provide for waiver
- to provide for time limitations
- to provide for related matters
In other words, legal representatives and attorneys are now allowed to argue for a reduced sentence for Allen or to release him from prison altogether.
Photo courtesy of Last Prisoner Project
The Last Prisoner Project was also quick to take action with a new “#FreeKevinAllen” campaign alongside a pre-written script for attorneys and legal representatives to add substance to their arguments.
The script notes the message, “In light of the minor nature of Allen’s offenses, marijuana’s growing legality, as well as time Kevin has already served, I’m respectfully urging DA Schuyler Marvin to use his authority to free Kevin Allen and allow him to return home to his supportive community.”
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