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Supreme Court of California

In re Kirchner, 233508

In a petition for writ of habeas corpus relief from a life sentence without parole, brought by a petitioner who was 16 when he committed murder, the Court of Appeals' denial of the petition on grounds that the existence of a statutory mechanism, Penal Code section 1170(d)(2), through which petitioner could seek recall of his sentence and resentencing to a term of life with the opportunity for parole, remedied any constitutional defect in petitioner's sentence, is reversed where section 1170(d)(2) does not provide an adequate remedy at law for a Miller v. Alabama error, and that petitioner may obtain a Miller resentencing as a form of habeas corpus relief.

Appellate Information

  • Decided
  • Published 2017/04/24




  • Supreme Court of California


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