California Court of Appeal

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In re Rainey, A138921

Miller v. Alabama, which holds that mandatory life imprisonment without parole (LWOP) for those under the age of 18 at the time of their crimes violates the Eighth Amendment prohibition on cruel and unusual punishment, applies retroactively to cases on collateral review. Petitioner is therefore entitled to habeas relief, and his sentence of life imprisonment without parole is vacated and remanded for resentencing.

Appellate Information

  • Decided 02/28/2014
  • Published 02/28/2014

Judges

  • BANKE

Court

  • California Court of Appeal

Counsel