Johnson v. State (Majority, with Concurring)
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The Supreme Court dismissed Appellant’s appeal from the circuit court’s dismissal of Appellant’s pro se petition for writ of habeas corpus, wherein Appellant alleged that his life sentence was illegal pursuant to Miller v. Alabama, 467 U.S. 460 (2012).
In his petition, Appellant argued that because he was seventeen when he committed first-degree murder, his life sentence was void pursuant to Miller. The Supreme Court held (1) because Appellant’s life sentence was discretionary, the holding in Miller was not applicable and did not render Appellant’s life sentence facially illegal; and (2) because Appellant’s sentence of life imprisonment now carries with it the possibility of parole under the Fair Sentencing of Minors Act of 2017, Appellant’s contention that his sentence violated the requirements of Miller was incorrect.
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