State v. Russell
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The Supreme Court affirmed the decision of the district court granting relief to Appellant in the form of a new sentencing hearing.
Appellant was sentenced in 1974 to life imprisonment for a murder he committed when he was seventeen years old. After Miller v. Alabama, 567 U.S. 460 (2012), and State v. Mantich, 842 N.W.2d 716 (2014), were decided, Appellant filed a postconviction motion seeking a new sentencing hearing. The district court resentenced Appellant to 110 to 126 years in prison, with credit for time served. The court stated that Appellant would be eligible for parole after serving fifty-five years. Appellant appealed, arguing that the district court imposed an excessive sentence. The Supreme Court affirmed, holding that the district court did not abuse its discretion in resentencing Appellant to 110 to 126 years in prison.
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