Miller v. State

Court of Criminal Appeals of Alabama

Miller v. State

148 So. 3d 78, 2013 WL 5967265, 2013 Ala. Crim. App. LEXIS 89

CourtCourt of Criminal Appeals of Alabama

DecidedNovember 8, 2013

DocketCR-06-0741

StatusPublished

Cited by3 cases

This text of 148 So. 3d 78 (Miller v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. State, 148 So. 3d 78, 2013 WL 5967265, 2013 Ala. Crim. App. LEXIS 89 (Ala. Ct. App. 2013).

Pincite

Opinion

On Remand from the Supreme Court of the United States

WINDOM, Presiding Judge.

Evan Miller was 14 years old when he committed murder made capital because it was committed during the course of an arson, see § 13A-5-40(a)(9), Ala.Code 1975. On August 27, 2010, this Court affirmed Miller’s capital-murder conviction and his resulting mandatory sentence of life in prison without the possibility of parole. Miller v. State, 63 So.3d 676, 687 (Ala.Crim.App.2010). On June 25, 2012, the Supreme Court of the United States reversed this Court’s judgment affirming Miller’s mandatory sentence and held that “the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” Miller v. Alabama, — U.S. -, -, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012). In response to Miller, the Alabama Supreme Court decided Ex parte Henderson, 144 So.3d 1262, 1276 (Ala.2013), in which it established a sentencing procedure that provides for a sentence of less than life in prison without the possibility of parole that circuit courts must use when sentencing juveniles who have been convicted of capital murder. Thus, in accordance with the decision of the Supreme Court of the United States in Miller, Miller’s sentence is reversed, and this cause is remanded with instructions for the circuit court to conduct a new sentencing hearing under the procedure established in Henderson, 144 So.3d at 1284.

REVERSED AS TO SENTENCE AND REMANDED.

WELCH, KELLUM, BURKE, and JOINER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

On Remand from the Supreme Court of the United States

WINDOM, Presiding Judge.

Evan Miller was 14 years old when he committed murder made capital because it was committed during the course of an arson, see § 13A-5-40(a)(9), Ala.Code 1975. On August 27, 2010, this Court affirmed Miller’s capital-murder conviction and his resulting mandatory sentence of life in prison without the possibility of parole. Miller v. State, 63 So.3d 676, 687 (Ala.Crim.App.2010). On June 25, 2012, the Supreme Court of the United States reversed this Court’s judgment affirming Miller’s mandatory sentence and held that “the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” Miller v. Alabama, — U.S. -, -, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012). In response to Miller, the Alabama Supreme Court decided Ex parte Henderson, 144 So.3d 1262, 1276 (Ala.2013), in which it established a sentencing procedure that provides for a sentence of less than life in prison without the possibility of parole that circuit courts must use when sentencing juveniles who have been convicted of capital murder. Thus, in accordance with the decision of the Supreme Court of the United States in Miller, Miller’s sentence is reversed, and this cause is remanded with instructions for the circuit court to conduct a new sentencing hearing under the procedure established in Henderson, 144 So.3d at 1284.

REVERSED AS TO SENTENCE AND REMANDED.

WELCH, KELLUM, BURKE, and JOINER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

148 So. 3d 78, 2013 WL 5967265, 2013 Ala. Crim. App. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-alacrimapp-2013.

Opinion

Related

Cite This Page — Counsel Stack