NO. 2013-KH-2893 Precedential Remanded Processed

State ex rel. Tolliver v. State

Louisiana Supreme Court · Filed October 28, 2016 · 202 So. 3d 991

Also decided on this docket: La., January 9, 2017 214 So. 3d 856; La., July 31, 2014 147 So. 3d 176

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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.