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· 4/30/2014

Nolley, Erron Keith

Citations

  • 428 S.W.3d 860
  • 2014 WL 1686936
  • 2014 Tex. Crim. App. LEXIS 637

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Miller did not apply to single sentence of life imprisonment with the possibility of parole after forty years imposed mandatorily on a juvenile homicide offender
  • rejecting argument juvenile offender entitled to individualized sentencing hearing before assessment of sentence of confinement for life with possibility of parole
  • focusing on related issue of whether sentence of minor to life imprisonment without individualized sentencing hearing is cruel and unusual punishment
  • limiting the application of Miller to mandatory LWOP cases for juvenile defenders and not applying it to cases in which parole is possible at some time
  • acknowledging appellate court's use of Tex. Penal Code § 12.31(a) (2013) (authorizing life imprisonment rather than life without parole to reform unconstitutional nonparolable sentences into constitutional parolable sentences)
  • “Miller does not entitle all juvenile offenders to individualized sentencing. It requires an individualized hearing only when a juvenile can be sentenced to life without the possibility of parole.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Meyers, Price, Womack, Keasler, Hervey, Cochran, Alcalá, Keller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.