· 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 CourtListenerSourced 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.