State ex rel. Wise v. State

Supreme Court of Louisiana

State ex rel. Wise v. State

211 So. 3d 378, 2017 WL 655915, 2017 La. LEXIS 303

CourtSupreme Court of Louisiana

DecidedFebruary 17, 2017

DocketNo. 2015-KH-0224

StatusPublished

Cited by1 cases

This text of 211 So. 3d 378 (State ex rel. Wise 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.

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State ex rel. Wise v. State, 211 So. 3d 378, 2017 WL 655915, 2017 La. LEXIS 303 (La. 2017).

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Opinion

PER CURIAM:

| /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 vacate relator’s sentence and remand this case to the 23rd 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. We further note that, after defendant is resentenced, that judgment is included by statute among those which defendant may appeal. See La.C.Cr.P. art. 912(C)(1).

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PER CURIAM:

| /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 vacate relator’s sentence and remand this case to the 23rd 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. We further note that, after defendant is resentenced, that judgment is included by statute among those which defendant may appeal. See La.C.Cr.P. art. 912(C)(1).

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211 So. 3d 378, 2017 WL 655915, 2017 La. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wise-v-state-la-2017.

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