United States Ninth Circuit

The district court's denial of a habeas corpus petition challenging a 254- year sentence for a juvenile nonhomicide offender is reversed, where: 1) Graham v. Florida, 130 S. Ct. 2011 (2010), which prohibits the punishment of life without possibility of parole for juvenile nonhomicide offenders like petitioner, applies retroactively on collateral review; and 2) the state court's failure to apply Graham to petitioner's sentence was contrary to clearly established federal law.

Appellate Information

• Decided 08/07/2013
• Published 08/07/2013

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel