State v. Boston
Annotate this CaseDefendant, who was a juvenile at the time he committed his crimes, was sentenced to serve fourteen consecutive life terms with the possibility of parole plus a consecutive term of ninety-two years in prison. In 2011, Defendant filed a pro se post-conviction petition for a writ of habeas corpus, claiming that his sentence constituted cruel and unusual punishment pursuant to Graham v. Florida. The district court granted Defendant’s petition and ordered a new sentencing hearing, determining (1) Graham prohibited aggregate sentences that were the functional equivalent of life without the possibility of parole, and (2) Graham also provided good cause and prejudice to overcome the procedural bar of Defendant’s untimely and successive petition. Although the Supreme Court agreed that Graham precludes aggregate sentences that constitute the functional equivalent of life without the possibility of parole against nonhomicide juvenile offenders and that the decision in Graham provides good cause and actual prejudice for Defendant’s untimely and successive petition, the Court nonetheless vacated the district court’s order, holding that A.B. 267 remedies Defendant’s unconstitutional sentence.
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