Kelly v. Brown, No. 17-1244 (7th Cir. 2017)Annotate this Case
Petitioner, serving a 110 year sentence for two murders he committed when he was 16 years old, filed a 28 U.S.C. 2244(b)(3) application seeking authorization to file a second or successive petition for a writ of habeas corpus under section 2254. Petitioner challenged his sentence under Miller v. Alabama, which was made retroactive by Montgomery v. Louisiana. The court agreed with the state that petitioner cannot state a claim to relief under Miller because his sentencing judge was afforded significant discretion by the Indiana Code to fashion an appropriate sentence and, in fact, considered petitioner's age at the time of the offense in mitigation. Accordingly, the court denied the authorization and dismissed the application.