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
Judges
- CANTIL-SAKAUYE
Court
- Supreme Court of California