State ex rel. Evans v. State

202 So. 3d 991, 2016 La. LEXIS 2114

• Court: Supreme Court of Louisiana
• Decided: October 28, 2016
• Docket: No. 15-KH-1058
• Status: Published

Opinion

PER CURIAM:

_JjWrit granted; case remanded. 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 remand the case to the 1st 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.