Ex parte Evan Miller PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Evan Miller v. State of Alabama) (Lawrence Circuit Court: CC-06-08; Criminal Appeals: CR-20-0654).

• Court: Supreme Court of Alabama
• Decided: October 24, 2025
• Docket: SC-2023-0809
• Status: Published

Opinion

Rel: October 24, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA OCTOBER TERM, 2025-2026

_________________________

SC-2023-0809 _________________________

Ex parte Evan Miller

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

(In re: Evan Miller

v.

State of Alabama)

(Lawrence Circuit Court: CC-06-08; (Court of Criminal Appeals: CR-20-0654)

PER CURIAM.

WRIT QUASHED. NO OPINION.

Bryan, Sellers, Mendheim, Cook, and Lewis, JJ., concur.

Stewart, C.J., dissents, with opinion.

Shaw, Wise, and McCool, JJ., recuse themselves. SC-2023-0809

STEWART, Chief Justice (dissenting).

In Miller v. Alabama, 567 U.S. 460 (2012), the United States

Supreme Court reversed Evan Miller's life-without-the-possibility-of-

parole sentence and held that, before sentencing a juvenile homicide

offender to life without the possibility of parole, a sentencer is required

to consider, among other relevant mitigating factors, the "hallmark

features" of youth, "how children are different, and how those differences

counsel against irrevocably sentencing them to a lifetime in prison." Id.

at 477, 480. After reviewing the record, I question whether the sentencing

court and the Court of Criminal Appeals complied with Miller and its

progeny. Accordingly, I respectfully dissent from the decision to quash

the writ.