CSPAN3 Politics And Public Policy Today October 23, 2015
Procedural side. Have any states treated miller as retroactive on state habeas . Yes. The majority of states its a close call. I think its maybe 10 to 7 or 10 to 8, but the majority of states that have reviewed this have concluded that miller is retroactive. Most have done it as a matter of substantive law. There are a couple of opinions that talk about the watershed exception which is not the way we think this case should be analyzed. Not only the states have done that, but the United States has taken that position with respect to the juveniles that were sentenced before miller to life withou...