Legal Opinion

State v. Kelly

Louisiana Court of Appeal

Decided April 5, 2017No. 51,246-KAPublishedCited by 13 opinions

1Opinion of the CourtMoore, J.

_JjThe trial court granted the defendant’s pro se motion to correct an illegal sentence in accordance with Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and set aside the defendant’s life sentence without the benefit of parole, probation or suspension of sentence. Then, in the same proceeding, resentenced the defendant to life imprisonment without the benefit of probation or suspension of sentence. The defendant was not represented by counsel during this proceeding, and he now appeals. For the following reasons, we vacate the sentence imposed and remand to the trial…

2Cases cited19 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Miller v. AlabamaSupreme Court of the United States · 2012
  5. Roper v. SimmonsSupreme Court of the United States · 2005

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3Cited by13 opinions

  1. State v. JacksonLouisiana Court of Appeal · 2017
  2. State v. ComeauxLouisiana Court of Appeal · 2018
  3. State v. EvansLouisiana Court of Appeal · 2018
  4. State v. BradleyLouisiana Court of Appeal · 2018
  5. State v. PalmerLouisiana Court of Appeal · 2018

8 more not listed; retrieve them via the Exa API.

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