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STATE of Louisiana v. Patrick WILLIAMS

Louisiana Supreme Court2018-05-25No. No. 2018–KP–0427
243 So. 3d 545

Authorities cited

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Opinion

majority opinion

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 defendants 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.