California Court of Appeal

Grant of petition for habeas corpus relief is reversed where, although the holdings of Miller v. Alabama (2012) 567 U.S. ___ and People v. Gutierrez (2014) 58 Cal.4th 1354 apply retroactively in state collateral proceedings and the Eighth Amendment requires that when inmates are serving life terms for crimes committed while they were juveniles, they must be given an opportunity to seek parole, because the legislature has provided inmates serving life sentences for crimes committed while they were juveniles with an opportunity to obtain a parole hearing, the state has remedied any constitutional defect in the inmate's sentence.

Appellate Information

• Published 2016/02/23

Judges

• BENKE

Court

• California Court of Appeal

Counsel