Supreme Court of Louisiana, 2018

State v. Williams

State v. Williams
Supreme Court of Louisiana · Decided May 25, 2018 · Grant, Weimer
243 So. 3d 545 (Southern Reporter, Third Series)

State v. Williams

Opinion of the Court

WEIMER, J., would grant.

GENOVESE, J., would grant.

Crichton, J., additionally concurs and assigns reasons

After defendant is resentenced pursuant to Montgomery v. Louisiana , 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016) and Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), that judgment is included by statute among those which defendant may appeal. See La.C.Cr.P. art. 912(C)(1) ; see, e.g., also State ex rel. Braud v. State , 15-0701 (La. 3/2/18), 237 So.3d 504. I additionally concur in the denial of defendant's writ application because the parties agree the question presented is res nova, and I believe the issue merits careful scrutiny, which can be better accomplished with the benefit of a fully developed record on appeal.

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