White v. Premo

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 05-31-2019
  • Case #: S065223
  • Judge(s)/Court Below: Walters, C.J. for the Court; Balmer, J.; Nakamoto, J.; Flynn, J.; Nelson, J.; Kistler, S.J. pro tempore; Brewer, S.J., pro tempore
  • Full Text Opinion

Miller v. Alabama prohibits a court from "imposing a life sentence without parole on a juvenile who commits homicide, unless the homicide reflects the juvenile's irreparable corruption rather than the transient immaturity of youth." Miller v. Alabama, 567 US 460, 479-80, 132 S Ct 2455, 183 L Ed 2d 407 (2012).

Petitioner appealed the post-conviction sentencing court’s dismissal of Petitioner's petition for relief. Petitioner argued that his 800-month sentence for one murder must comport with the Supreme Court case Miller v. Alabama, 67 US 460, 132 S Ct 2455, 183 L Ed 2d 407 (2012). The decision in Miller v. Alabama prohibits a court from "imposing a life sentence without parole on a juvenile who commits homicide, unless the homicide reflects the juvenile's irreparable corruption rather than the transient immaturity of youth." Id. at 479-80. The Supreme Court held that the record failed to demonstrate that Petitioner was a rare juvenile offender who is irreparably depraved, nor that a reasonable sentencing court could reach any other conclusion. The Court also found that the sentencing court failed to take into account that Petitioner was still a youth and not an adult.

Reversed and remanded.

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