Ouk v. State
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After a jury trial in 1992, Appellant was found guilty of two counts of first-degree murder and two counts of attempted first-degree murder. Appellant was fifteen years old at the time. Under a mandatory sentencing scheme, the district court imposed life sentences with the possibility of release after thirty years for the first-degree murder convictions. After the United States Supreme Court decided Miller v. Alabama in 2012, Appellant filed a postconviction motion to correct his sentence, arguing that his sentence violated the rule announced in Miller. The postconviction court denied the motion, concluding that Appellant’s sentence was lawful because Miller was not retroactive. The Supreme Court affirmed without reaching the issue of Miller’s retroactivity, holding that Miller did not make the sentencing scheme at issue here unlawful because the mandatory sentencing scheme did not require life imprisonment without the possibility of release.
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