Hobbs v. Hodge (Majority, with Dissenting)
Annotate this CaseDefendant was convicted of three counts of capital murder and sentenced to life imprisonment without parole. Defendant sought habeas-corpus relief, alleging that he was being unlawfully detained because he was a juvenile at the time he committed the homicides and that he received a mandatory sentence of life imprisonment without parole in contrary to the holding in Miller v. Alabama. The circuit court vacated Defendant’s sentence of life imprisonment and remanded for resentencing, concluding that Miller applied retroactively and that habeas corpus was the proper procedural remedy. The Supreme Court reversed, holding that the court erred because it issued its order granting habeas relief without first making a finding of probable cause or otherwise following the statutory procedures for granting habeas-corpus relief. Remanded.
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