State v. Williams, 243 So. 3d 545 (2018)

May 25, 2018 · Louisiana Supreme Court · No. 2018–KP–0427
243 So. 3d 545

STATE of Louisiana
v.
Patrick WILLIAMS

No. 2018-KP-0427

Supreme Court of Louisiana.

May 25, 2018

ON SUPERVISORY WRITS TO THE TWENTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA

Writ denied.

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.