State ex rel. Tolliver v. State
Also decided on this docket: La., January 9, 2017 214 So. 3d 856; La., July 31, 2014 147 So. 3d 176
State ex rel. Tolliver v. State, 202 So. 3d 991 (La. 2016).
Cited by
- State v. Evans 245 So. 3d 1112 La. Ct. App. 2d Cir. 2018
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Montgomery 194 So. 3d 606
Opinion text
PER CURIAM: | TWrit Granted. On remand from the United States Supreme Court, Tolliver v. Louisiana, No. 14-6673, — U.S. -, 136 S.Ct. 1354 , 194 L.Ed.2d 341 (March 7, 2016) (mem.), and in light of the Supreme Court’s holding in Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016) that Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we vacate relator’s sentence and remand this case to the 15th Judicial District Court for further proceedings consistent with the views expressed in State v. Montgomery, 13-1163 (La. 6/28/16), 194 So.3d 606 , and for resentencing pursuant to La.C.Cr.P. Art. 878.1. REMANDED. CRICHTON, J., additionally concurs and assigns reasons.