March 20, 2014
Illinois Supreme Court deems Miller ruling substantive and thus retroactive
As reported in this Chicago Tribune piece, headlined "Ruling allows new hearings for 100 convicted killers," earlier today the Illinois Supreme Court "ruled that state prison inmates serving life without parole for murders they committed years ago as juveniles will receive new sentencing hearings." Here is more about the ruling:
The ruling means that the inmates, some of whom were as young as 14 when they committed murder, will be allowed to present evidence to mitigate their responsibility and obtain a shorter sentence that would allow them to be set free at some point. Prosecutors will be able to offer to try to persuade judges to re-impose the life sentences....
With the ruling, Illinois joins states such as Iowa, Massachusetts and Texas in deciding a 2012 ruling from the U.S. Supreme Court applies to prisoners whose crimes were committed before the ruling. Minnesota, Pennsylvania and Louisiana are among the states that have refused....
“A minor may still be sentenced to natural life imprisonment without parole so long as the sentence is at the trial court’s discretion rather than mandatory,” the Illinois Supreme Court wrote in today’s unanimous opinion written by Justice Charles Freeman.
The ruling in Illinois v. Davis, No. 115595 (Ill. March 20, 2014) (available here), provides this account of its retroactivity assessment:
As the Iowa Supreme Court recognized: “From a broad perspective, Miller does mandate a new procedure. Yet, the procedural rule for a hearing is the result of a substantive change in the law that prohibits mandatory life-without-parole sentencing.” State v. Ragland, 836 N.W.2d 107, 115 (Iowa 2013). In other words, Miller places a particular class of persons covered by the statute — juveniles — constitutionally beyond the State’s power to punish with a particular category of punishment — mandatory sentences of natural life without parole. See Miller, 567 U.S. at ___, ___, 132 S. Ct. at 2464, 2468; Diatchenko v. District Attorney for the Suffolk District, 1 N.E.3d 270, 277 (Mass. 2013). Since Miller declares a new substantive rule, it applies retroactively without resort to Teague. See Schriro, 542 U.S. at 351-52 & n.4.
Also, we find it instructive that the Miller companion case, Jackson v. Hobbs, arose on state collateral review. Notwithstanding its finality, the Court retroactively applied Miller and vacated Jackson’s sentence. While our analysis is independent as a matter of Illinois law, the relief granted to Jackson under Miller tends to indicate that Miller should apply retroactively on collateral review. See People v. Williams, 2012 IL App (1st) 111145, ¶ 54; People v. Morfin, 2012 IL App (1st) 103568, ¶ 57.
We observe that defendant and several amici assert that this court should depart from Teague and adopt a different rule of retroactivity. However, we do not rely on Teague in our analysis because we view Miller as a new substantive rule, which is outside of Teague rather than an exception thereto. Accordingly, we need not and do not address this argument. See People v. Campa, 217 Ill. 2d 243, 269-70 (2005) (reviewing court will not decide nonessential issues or render advisory opinions).
March 20, 2014 at 05:00 PM | Permalink
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It is just irresponsible for SCOTUS to leave this question dangling when it knew or should known that this issue would be ripe upon deciding Miller. Whenever I read a SCOTUS opinion that says "we leave for another day" I think to myself, why are these people on the high court then?
Posted by: JJ | Mar 20, 2014 9:10:38 PM
because the question wasn't briefed and they don't decide cases without briefing and argument.
Posted by: HGD | Mar 21, 2014 1:43:29 PM
Another cowardly court doing the dirty work for SCOTUS. This rips open old wounds for families. It is a disgusting display--but hey, let's be nice to murderers.
Posted by: federalist | Mar 22, 2014 3:31:46 PM