State ex rel. Manieri v. State

Supreme Court of Louisiana

State ex rel. Manieri v. State

222 So. 3d 717, 2017 La. LEXIS 1682, 2017 WL 3378810

CourtSupreme Court of Louisiana

DecidedAugust 4, 2017

DocketNo. 2016-KH-0531

StatusPublished

This text of 222 So. 3d 717 (State ex rel. Manieri v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Manieri v. State, 222 So. 3d 717, 2017 La. LEXIS 1682, 2017 WL 3378810 (La. 2017).

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Opinion

[718]*718ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON

PER CURIAM:

11 Writ granted. 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. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we hereby vacate relator’s sentence and remand to the 24th 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.

After he is resentenced, that judgment of sentence is included by statute among those which a defendant may appeal. See La.C.Cr.P. art. 912(C)(1). Furthermore, although this court originally had exclusive appellate jurisdiction over this pre-1982 felony conviction, see La. Const. art. V, § 5(E), after the resentencing to which relator is now entitled, appellate jurisdiction for purposes of any review of his new sentence will vest in the intermediate court of appeal. See La. Const. art. V, § 10 (eff. July 1, 1982, “[A] court of appeal has appellate jurisdiction of ... all criminal cases triable by a jury,” except when a law has been | ¡.declared unconstitutional or when the death penalty has been imposed); see, e.g., State ex rel. Hudson v. State, 16-1731 (La. 1/9/17), 208 So.3d 882.

Johnson, C.J., n.s.

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[718]*718ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON

PER CURIAM:

11 Writ granted. 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. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we hereby vacate relator’s sentence and remand to the 24th 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.

After he is resentenced, that judgment of sentence is included by statute among those which a defendant may appeal. See La.C.Cr.P. art. 912(C)(1). Furthermore, although this court originally had exclusive appellate jurisdiction over this pre-1982 felony conviction, see La. Const. art. V, § 5(E), after the resentencing to which relator is now entitled, appellate jurisdiction for purposes of any review of his new sentence will vest in the intermediate court of appeal. See La. Const. art. V, § 10 (eff. July 1, 1982, “[A] court of appeal has appellate jurisdiction of ... all criminal cases triable by a jury,” except when a law has been | ¡.declared unconstitutional or when the death penalty has been imposed); see, e.g., State ex rel. Hudson v. State, 16-1731 (La. 1/9/17), 208 So.3d 882.

Johnson, C.J., n.s.

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Bluebook (online)

222 So. 3d 717, 2017 La. LEXIS 1682, 2017 WL 3378810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-manieri-v-state-la-2017.

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