California Court of Appeal

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In re Wilson, B254093

Petition for writ of habeas corpus asserting that, pursuant to the principles announced in Miller v. Alabama, the life imprisonment without parole (LWOP) sentence that petitioner received for a crime he committed when he was 17 years old violates the Eight Amendment prohibition on cruel and unusual punishment is granted, and the case is remanded for resentencing, where: 1) Miller held that the sentencing court must consider specific, individualized factors before handing down an LWOP sentence for a juvenile; 2) petitioner is entitled to the retroactive benefit of Miller because of the unfairness that would result from the contrary outcome, as there is a troubling inequity when an individualized, discretionary judicial determination for whether a juvenile murderer is afforded parole eligibility depends upon the timing of the conviction; and 3) the trial court failed to consider the "hallmark features" of youth now mandated under Miller.

Appellate Information

  • Decided 01/22/2015
  • Published 01/22/2015

Judges

  • Woods

Court

  • California Court of Appeal

Counsel