Johnson v. United States, No. 12-3744 (8th Cir. 2013)
Annotate this CasePetitioner sought authorization to file a successive 28 U.S.C. 2255 motion, asserting that Miller v. Alabama announced a new rule that applied retroactively. Miller held that a sentencing scheme that required a sentence of life imprisonment without parole for certain crimes committed by defendants who were under the age of 18 violated the Eighth Amendment. The court granted defendant an authorization to file a successive section 2255 motion because he made a prima facie showing that his motion contained a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. The court joined other circuits in adopting the proposition that a prima facie showing in this context was simply a sufficient showing of possible merit to warrant a fuller exploration by the district court.
Court Description: Prisoner case - Habeas. Petitioner's application to file a successive habeas asserting issues under Miller v. Alabama, 132 S. Ct. 2455 (2012) is granted as petitioner has made a prima facie showing that his motion contains "a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable;" the court joins most other circuits in adopting the proposition that a prima facie showing in this context is "simply a sufficient showing of possible merit to warrant a fuller exploration by the district court." Judge Colloton, dissenting.
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