DocketDrift

Real-time tracking of state judicial trends.

Explore

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite State v. Montgomery, 194 So. 3d 606.

58 citing documents.

  • State Of Louisiana v. Jason Michael Pilcher La. 2022
  • State of Louisiana v. Troy Shelvin La. Ct. App. 3d Cir. 2022
    6/28/16), Justice Crichton wrote: “Eligibility vel non is the sole question to be answered in a Miller hearing.” In State v. Comeaux, 17-682 (La.App.
  • State of Louisiana Versus Derrick Sonnier La. Ct. App. 5th Cir. 2021
    6/28/16); (Crichton, J. concurrence).
  • State Of Louisiana v. Anthony Johnson La. Ct. App. 1st Cir. 2020
    6/ 28/ 16), identifying additional circumstances a trial court could consider at a Miller hearing in addition to those in LSA- C. Cr.
  • State of Louisiana Versus Emmett Garrison, IV AKA "Lil Emmet" La. Ct. App. 5th Cir. 2020
    06/28/16), the Louisiana Supreme Court, on remand from the United States Supreme Court, found that the factors listed in La.
  • State of Louisiana v. Aaron G. Hauser La. Ct. App. 3d Cir. 2019
    6/28/16), (Montgomery II).
  • State v. Davis 269 So. 3d 693 La. 2019
    6/28/16), , appellate jurisdiction is now vested in the intermediate court of appeal.
  • State v. Henry 267 So. 3d 644 La. Ct. App. 1st Cir. 2019
    6/28/16), , 607 (instructing that "[i]n resentencing, the District Court shall determine whether relator was "the rare juvenile offender whose crime reflects irreparable corruption," Miller, 132 S.Ct.
  • State of Louisiana v. Phillip Andrew Schane AKA Phillip Schane La. Ct. App. 3d Cir. 2019
    6/28/16), and for resentencing pursuant to La.Code Crim.P.
  • State v. Allen 255 So. 3d 998 La. 2018
    See State of Louisiana v. Montgomery, 13-KP-1163, (6/28/16) (Crichton, J., concurring) (....
  • State v. Terrick 254 So. 3d 1246 La. Ct. App. 1st Cir. 2018
    6/28/16), , the Louisiana Supreme Court acknowledged the Miller ruling and reasoning and remanded the matter to the district court for resentencing of defendant.
  • State v. Sullivan 253 So. 3d 911 La. Ct. App. 2d Cir. 2018
    6/28/16), , courts were instructed to utilize La.
  • State v. Alridge 249 So. 3d 260 La. Ct. App. 1st Cir. 2018
  • State v. Francis 247 So. 3d 199 La. Ct. App. 1st Cir. 2018
    6/28/16), , 607, the Louisiana Supreme Court explained: To implement Miller's "meaningful opportunity to obtain release" for those juveniles who commit murder but are not found to be irreparably corrupt, the Legislature in 2013 La.
  • State v. Allen 247 So. 3d 179 La. Ct. App. 1st Cir. 2018
    6/28/16), , the Supreme Court provided guidance to the district courts in adjudicating Miller hearings.
  • State v. Lewis 244 So. 3d 527 La. Ct. App. 1st Cir. 2018
  • State v. Brooks 247 So. 3d 1071 La. Ct. App. 2d Cir. 2018
  • State v. Schane 239 So. 3d 286 La. 2018
    6/28/16), , and for resentencing pursuant to La.C.Cr.P.
  • State v. Harrison 239 So. 3d 406 La. Ct. App. 1st Cir. 2018
    6/28/16), ( per curiam ) and circumvents La.
  • State ex rel. Brooks v. State 237 So. 3d 1181 La. 2018
    6/28/16), , and for re-sentencing pursuant to La.
  • State ex rel. Braud v. State 237 So. 3d 504 La. 2018
    6/28/16), , and for resentencing pursuant to La.C.Cr.P.
  • State of Louisiana v. Asahel Harvin La. Ct. App. 3d Cir. 2018
    6/28/16), the statutory provisions regarding prospective sentencing of juveniles were applicable to resentencing hearings, it was necessary for the trial court to determine whether he should be resentenced to life with eligibility for parole.
  • State of Louisiana v. Adam Comeaux La. Ct. App. 3d Cir. 2018
    However, counsel admits the sentence imposed was within the parameters established in Montgomery
  • State v. Harvin 239 So. 3d 907 La. Ct. App. 1st Cir. 2018
    6/28/16), , the statutory provisions regarding prospective sentencing of juveniles were applicable to resentencing hearings, it was necessary for the trial court to determine whether he should be resentenced to life with eligibility for parole.
  • State v. Comeaux 239 So. 3d 920 La. Ct. App. 1st Cir. 2018
    6/28/16), , 607-09 (emphasis added) (first alteration in original), the Louisiana Supreme Court held: To implement Miller 's"meaningful opportunity to obtain release" for those juveniles who commit murder but are not found to be irreparably corrupt, the Legislature in 2013 La.
  • State of Louisiana v. Roderick Thomas La. Ct. App. 3d Cir. 2018
    6/28/16), he characterizes the Montgomery ruling as unconstitutional based on his premise regarding courts’ authority or lack thereof.
  • State v. Thomas 237 So. 3d 1201 La. Ct. App. 1st Cir. 2018
    6/28/16), , he characterizes the Montgomery ruling as unconstitutional based on his premise regarding court's authority or lack thereof.
  • State of Louisiana v. Roger Wayne Nash AKA Roger Nash La. Ct. App. 3d Cir. 2018
  • 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
    6/28/16), , and for resentencing pursuant to La.
  • State v. Bradley 243 So. 3d 1253 La. Ct. App. 2d Cir. 2018
    6/28/16), , held courts should utilize La.
  • State v. Looney 245 So. 3d 1143 La. Ct. App. 2d Cir. 2018
  • State v. Palmer 246 So. 3d 660 La. Ct. App. 2d Cir. 2018
  • State v. Marshall 245 So. 3d 336 La. Ct. App. 2d Cir. 2017
    6/28/16), , the trial court resentenced defendant to life imprisonment without the benefit of probation or suspension of sentence, but with the benefit of parole eligibility.
  • State v. Thompson 245 So. 3d 302 La. Ct. App. 2d Cir. 2017
    6/28/16), , precluded the trier of fact from considering an individualized sentence, particularly a term of years, for people who were unconstitutionally sentenced to die in prison as children.
  • State ex rel. Funchess v. State 229 So. 3d 457 La. 2017
    6/28/16), , appellate jurisdiction is now vested in the intermediate court of appeal.
  • State of Louisiana v. Russell Rubin La. Ct. App. 3d Cir. 2017
  • State v. Rubin 227 So. 3d 296 La. Ct. App. 1st Cir. 2017
  • State v. Jackson 243 So. 3d 1093 La. Ct. App. 2d Cir. 2017
    6/28/16), , the trial court vacated his sentence and resentenced him to life imprisonment without the benefit of probation or suspension of sentence, but with the possibility of parole.
  • State v. Harper 243 So. 3d 1084 La. Ct. App. 2d Cir. 2017
    6/28/16), , to life imprisonment at hard labor, with eligibility for parole.
  • State ex rel. Manieri v. State 222 So. 3d 717 La. 2017
    6/28/16), , and for resentencing pursuant to La.C.Cr.P.
  • State v. Brown 273 So. 3d 442 La. Ct. App. 2d Cir. 2017
  • State v. Keith 223 So. 3d 767 La. Ct. App. 2d Cir. 2017
    06/28/16), (“Montgomery”), the trial court vacated Keith’s original, sentence and re-sentenced him to life imprisonment at hard labor, with the benefit of parole eligibility and credit for time served.
  • State v. Plater 222 So. 3d 897 La. Ct. App. 2d Cir. 2017
  • State v. Shaw 223 So. 3d 607 La. Ct. App. 2d Cir. 2017
    6/28/16), (“Montgomery per curiam”), Defendant filed a motion to correct an illegal sentence.
  • State v. Sumler 219 So. 3d 503 La. Ct. App. 2d Cir. 2017
    06/28/16), , the trial court vacated Sumler’s sentence and resentenced him to life imprisonment at hard labor, with the benefit of parole eligibility.
  • State v. Kelly 217 So. 3d 576 La. Ct. App. 2d Cir. 2017
    6/28/16), , directed that La.
  • State ex rel. Wise v. State 211 So. 3d 378 La. 2017
    6/28/16), , and for resentencing pursuant to La.C.Cr.P.
  • State ex rel. Gaskin v. State 211 So. 3d 381 La. 2017
    6/28/16), , and for resentencing pursuant to La.C.Cr.P.
  • State ex rel. Lewis v. State 208 So. 3d 882 La. 2017
    6/28/16), , and for resen-tencing pursuant to La.C.Cr.P.