Cited by

Opinions in Louisiana that cite State v. Tate, 130 So. 3d 829.

110 citing documents.

State of Louisiana v. Jamel Malik La. Ct. App. 4th Cir. 2022
11/5/13), but that decision was ultimately overruled by the United States Supreme Court's determination that the Miller decision was a new substantive rule of constitutional law and, therefore, retroactively applicable to cases on collateral review as it rendered
State Of Louisiana v. Reginald R Eddick La. 2022
11/5/13), abrogated on other grounds by Montgomery v. Louisiana, 577 U.S. at 212 (finding retroactivity applies 2 A holistic approach to determining watershed status is supported by the fact that courts are required to look at a case holistically to determine whether it is subs
State of Louisiana v. Darryl Tate La. Ct. App. 4th Cir. 2021
State Of Louisiana v. Anthony Johnson La. Ct. App. 1st Cir. 2020
Eric Brown Versus State of Louisiana La. Ct. App. 5th Cir. 2020
11/5/13), but noting that the U.S. Supreme Court had granted certiorari in State v. Montgomery, 13-1163 (La.
State v. Smith 258 So. 3d 973 La. Ct. App. 1st Cir. 2018
11/5/13), , 844, wherein the Louisiana Supreme Court held that Miller , supra , is not subject to retroactive application on collateral review, to be controlling.
State v. Terrick 254 So. 3d 1246 La. Ct. App. 1st Cir. 2018
State v. Francis 247 So. 3d 199 La. Ct. App. 1st Cir. 2018
State v. Lewis 244 So. 3d 527 La. Ct. App. 1st Cir. 2018
11/5/13), , but that decision was ultimately overruled by the United States Supreme Court's determination that the Miller decision was a new substantive rule of constitutional law and, therefore, retroactively applicable to cases on collateral review as it rendered a certain penalty unconstitutionally excessive for a category o
State v. Brooks 247 So. 3d 1071 La. Ct. App. 2d Cir. 2018
11/5/13), , held that these provisions were prospective only, and that Miller itself is prospective only.
State v. Olivier 238 So. 3d 606 La. Ct. App. 1st Cir. 2018
11/5/13) ) (abrogated by Montgomery v. Louisiana, --- U.S. ----, 136 S.Ct.
State of Louisiana v. Asahel Harvin La. Ct. App. 3d Cir. 2018
State of Louisiana v. Adam Comeaux La. Ct. App. 3d Cir. 2018
State v. Harvin 239 So. 3d 907 La. Ct. App. 1st Cir. 2018
State v. Comeaux 239 So. 3d 920 La. Ct. App. 1st Cir. 2018
State of Louisiana v. Roger Wayne Nash AKA Roger Nash La. Ct. App. 3d Cir. 2018
State v. Tate, 12-2763 (La.11/5/13), cert.
State v. Nash 239 So. 3d 866 La. Ct. App. 3d Cir. 2018
State v. Evans 245 So. 3d 1112 La. Ct. App. 2d Cir. 2018
State v. Thompson 245 So. 3d 302 La. Ct. App. 2d Cir. 2017
11/5/13), , and an unpublished district court case from Franklin Parish.
State of Louisiana v. Russell Rubin La. Ct. App. 3d Cir. 2017
This court found in State v. Tate, 12-2763, pp. 19-20 (La.11/5/13), that Article 878.1 applies prospectively to those offenders who are to be sentenced.
State v. Rubin 227 So. 3d 296 La. Ct. App. 1st Cir. 2017
This court found in State v. Tate, 12-2763, pp. 19-20 (La.11/5/13), , that Article 878.1 applies prospectively to those offenders who are to be sentenced.
State v. Jackson 243 So. 3d 1093 La. Ct. App. 2d Cir. 2017
11/5/13), , the Louisiana Supreme Court held that Miller was not subject to retroactive application, and that La.
State v. Shaw 223 So. 3d 607 La. Ct. App. 2d Cir. 2017
11/5/13), , held that Miller did not apply retroactively to cases on collateral review.
State v. Sumler 219 So. 3d 503 La. Ct. App. 2d Cir. 2017
11/05/13), , which held that Miller, supra, did not apply retroactively to cases on collateral review.
State Ex Rel. Alden Morgan v. State of Louisiana 217 So. 3d 266 La. 2016
State v. Montgomery 194 So. 3d 606 La. 2016
This court found in State v. Tate, 12-2763, pp. 19-20 (La.11/5/13), , that Article 878.1 applies prospectively to those offenders who are to be sentenced.
State v. Dove 194 So. 3d 92 La. Ct. App. 1st Cir. 2016
We find that Montgomery overruled State v. Tate, 12-2763 (La.11/5/13), , cert.
State of Louisiana v. Jeffrey Steven Doise La. Ct. App. 3d Cir. 2016
State v. Doise 185 So. 3d 335 La. Ct. App. 1st Cir. 2016
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Hebert v. State 184 So. 3d 15 La. 2016
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State v. Williams 186 So. 3d 242 La. Ct. App. 1st Cir. 2016
5 Cir. 5/23/13) , (unpublished), writ granted, 13-2039 (La.2/28/14), 134 So,3d 1164, a decision handed down after Miller but prior to State v. Tate, 12-2763 (La,ll/5/13), -44 , cert.
State ex rel. Vince v. State 183 So. 3d 495 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State v. Collins 178 So. 3d 561 La. 2015
In State v. Tate, 2012-2763 (La.11/05/13), , this court held that Miller does not retroactively apply to juvenile offenders in Louisiana whose life sentences were handed down before the Supreme Court issued its opinion.
State ex rel. Reynolds v. State 177 So. 3d 707 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Francis v. State 176 So. 3d 1030 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State v. Jones 176 So. 3d 713 La. Ct. App. 1st Cir. 2015
708 , 93 L.Ed.2d 649 (1987); State v. Tate, 12-2713 (La.11/5/13), ).
State ex rel. Gipson v. State 178 So. 3d 140 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Johnson v. State 178 So. 3d 143 La. 2015
See State v. Tate, 12-2763 (La.11/5/18), , cert.
State ex rel. Clemons v. State 175 So. 3d 410 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Cheramie v. State 174 So. 3d 652 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Brooks v. State 174 So. 3d 1151 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State v. Davis 171 So. 3d 1223 La. Ct. App. 1st Cir. 2015
In State v. Tate, 12-2763 (La.11/5/13), , cert.
State of Louisiana v. Armonta Dquon Hadnot La. Ct. App. 3d Cir. 2015
State ex rel. Wilson v. State 171 So. 3d 270 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), .
State v. Wilson 165 So. 3d 1150 La. Ct. App. 1st Cir. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State v. Graham 171 So. 3d 272 La. Ct. App. 1st Cir. 2015
5 Cir. 5/23/13) , 2013 WL 2249168 (unpublished), writ granted, 13-2039 (La.2/28/14), , a decision handed down after Miller but prior to State v. Tate, 12-2763 (La.11/5/13), -44 , cert.
State v. Wyatt 169 So. 3d 354 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State v. Jacobs 165 So. 3d 69 La. 2015
Relator’s application is thus governed by this Court’s decision in State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Stewart v. State 168 So. 3d 392 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.
State ex rel. Brooks v. State 168 So. 3d 392 La. 2015
See State v. Tate, 12-2763 (La.11/5/13), , cert.