State ex rel. Tolliver v. State
State ex rel. Tolliver v. State
Opinion of the Court
| TWrit Granted. On remand from the United States Supreme Court, Tolliver v. Louisiana, No. 14-6673, — U.S. -, 136 S.Ct. 1354, 194 L.Ed.2d 341 (March 7, 2016) (mem.), and 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 vacate relator’s sentence and remand this case to the 15th 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.
REMANDED.
Concurring Opinion
additionally concurs and assigns reasons.
hi agree with the ruling to remand this matter to the trial court, but write separately to note that, while the facts of this
Reference
- Full Case Name
- STATE EX REL. Rodney J. TOLLIVER v. STATE of Louisiana
- Status
- Published