Legal Opinion · Concurrence

People v. Wilder

Colorado Court of Appeals

Decided February 26, 2015No. Court of Appeals No. 12CA0066Published

1Concurrence

JUDGE TAUBMAN specially concurring.

¶ 55 I concur with the conclusion that the life sentence without parole of defendant, Terrance Wilder, is unconstitutional. I further agree that the appropriate remedy is to vacate Wilder's sentence and remand the case to the trial court for an individualized sentencing determination based on the factors identified in Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). However, I write separately in order to address the following three points.

¶ 56 First, although I authored the majority opinion in People v. Valles, 2013 COA 84, ¶ 74, 412…

2Cases cited43 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Miller v. AlabamaSupreme Court of the United States · 2012
  3. Ring v. ArizonaSupreme Court of the United States · 2002
  4. Atkins v. VirginiaSupreme Court of the United States · 2002
  5. Caldwell v. MississippiSupreme Court of the United States · 1985

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