Kelley v. Gordon (Majority)
Annotate this CaseAfter a jury trial in 1995, Appellee was convicted of capital murder and sentenced to a mandatory life sentence without the possibility of parole. In 2013, Appellee filed a petition for writ of habeas corpus asserting that his sentence to life imprisonment was illegal pursuant to Miller v. Alabama because he was a juvenile at the time of the offense. The circuit court granted Appellee’s petition, vacated and set aside his offense, and reinvested the circuit court that convicted Appellee with jurisdiction to conduct resentencing proceedings. The Supreme Court reversed and remanded, holding that the circuit court had not followed the procedures mandated by the habeas-corpus statutes. On remand, the circuit court held a hearing and ruled that Appellee was entitled to relief. The Supreme Court affirmed, holding (1) the circuit court did not err by concluding that Miller applies retroactively; and (2) the circuit court’s ruling regarding equal protection and due process was not in error.
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