Songster v. Beard

MEMORANDUM OPINION

SAVAGE, District Judge.

The issue in this § 2254 habeas action is whether the holding in Miller v. Alabama,1 that a mandatory life without parole sentence for juvenile homicide defendants is unconstitutional may. be applied retroactively to cases on collateral review. The Third Circuit has yet to decide. The Eleventh Circuit, the only circuit court to address the issue, held that Miller is not retroactive.2 District courts and state courts are divided.

Those courts which have held that Miller applies retroactively have reached the result by different paths. Some based their…