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202 So. 3d 991

State ex rel. Evans v. State

Supreme Court of Louisiana

Decided October 28, 2016

Supreme Court of Louisiana · decided 2016-10-28

Cited by 1 later decisions — most recently January 2018

1 state decisions

Key passage — most relied on by later courts

“Writ 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. 460 , 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.”

quoted by 1 later decision, including 245 So. 3d 1112 - State v. Evans

Relies on Miller v. Alabama · Montgomery v. Louisiana · State v. Montgomery

Good law ✅— No negative treatment on recordhow we know

Decided 2016-10-28

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PER CURIAM:

¶1_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.

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