En banc Eight Circuit reverses ruling that Missouri must improve its parole process to comply with Miller

In this post from three years ago, I noted a federal district court ruling finding that the Missouri's parole policies and practices failed to give juveniles subject to life terms a meaningful opportunity to obtain release as required by Eighth Amendment doctrines.  An in this post last year, I noted that a split Eighth Circuit panel upheld the bulk of this ruling over a dissent by Judge Colloton.  Yesterday, Judge Colloton got to turn the tables by writing a new majority opinion for the en banc Eighth Circuit that starts this way:

In 2016, in light of Supreme Court decisions interpreting the Eighth Amendment’s proscription on cruel and unusual punishment, the Missouri legislature modified state law regarding parole. The legislature enacted a statute permitting a juvenile homicide offender to petition for parole if he had been sentenced to mandatory life imprisonment without parole. A class of inmates who were juvenile offenders sued the state officials responsible for administering the parole process.  The inmates alleged that the policies and practices of the parole officials violated their rights to be free from cruel and unusual punishment and to due process of law under the federal and Missouri constitutions. The district court determined that the parole review practices were constitutionally deficient, and ordered the State to implement an elaborate remedial plan. The State appeals, and we conclude that there is no constitutional violation. We therefore reverse the judgment of the district court.

Here is a key concluding passage from the majority opinion:

In sum, the Supreme Court’s juvenile-specific jurisprudence under the Eighth Amendment does not warrant declaring a constitutional violation and imposing on the State the elaborate set of parole procedures endorsed by the district court.  A requirement to allow “some meaningful opportunity” for release, even if applicable to these juvenile homicide offenders, is satisfied here.  The juvenile homicide offenders in Missouri received more process than offenders under the regular parole process: they presented more documentary evidence than adult offenders, received longer hearings than the average parole hearing, and were entitled to consideration of statutory factors that apply only to juveniles who were formerly sentenced to life without parole.  Of course, a “meaningful opportunity” does not imply that every juvenile homicide offender must be released immediately upon eligibility for parole.  We do not believe the Court intended through its decisions in Graham, Miller, and Montgomery to judicialize the parole process in the manner urged by the inmates.

The dissent is authored by Judge Kelly and joined by Chief Judge Smith and Judge Arnold and it concludes this way:

Missouri’s parole policies and practices, when considered in combination as implemented, work to deprive Plaintiffs of their Eighth Amendment right to a meaningful opportunity to obtain release based upon demonstrated maturity and rehabilitation.  See Miller, 567 U.S. at 479. The Supreme Court has clearly stated that juvenile offenders are “constitutionally different” than adult offenders, id. at 471, and “should not be deprived of the opportunity to achieve maturity of judgment and self-recognition of human worth and potential,” Graham, 560 U.S. at 79.  Because the parole review process in place under SB 590 fails to adequately “ensure[] that juveniles whose crimes reflect[] only transient immaturity — and who have since matured — will not be forced to serve a disproportionate sentence,” Montgomery, 577 U.S. at 212, it violates the Eighth Amendment.

Prior related posts:

• Federal district court orders Missouri to improve parole procedures to comply with Miller and Eighth Amendment
• Split Eight Circuit panel upholds order Missouri must improve its parole process to comply with Miller