Legal Opinion

Kamil Hakeem Johnson v. United States

Court of Appeals for the Eighth Circuit

Decided July 12, 2013No. 12-3744PublishedCited by 31 opinions

1Per curiam

Kamil Hakeem Johnson seeks authorization to file a successive 28 U.S.C. § 2255 motion, asserting that Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 2460, 183 L.Ed.2d 407 (2012), which held that a sentencing scheme that requires a sentence of life imprisonment without parole for certain crimes committed by defendants who were under the age of 18 violates the Eighth Amendment, announced a new rule that applies retroactively, see 28 U.S.C. § 2255(h)(2). We conclude that Mr. Johnson has made a prima facie showing, see 28 U.S.C. §§ 2255(h), 2244(b)(3)(C), that his motion contains “a new rule of…

2Cases cited11 opinions

  1. Bousley v. United StatesSupreme Court of the United States · 1998
  2. Miller v. AlabamaSupreme Court of the United States · 2012
  3. Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  4. Donald Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 1997
  5. Case v. HatchCourt of Appeals for the Tenth Circuit · 2013

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3Cited by31 opinions

  1. State of Iowa v. Jeffrey K. RaglandSupreme Court of Iowa · 2013
  2. Rebecca Lee Falcon v. State of FloridaSupreme Court of Florida · 2015
  3. Michael Pendleton v.Court of Appeals for the Third Circuit · 2013
  4. Maxwell, Ex Parte TerrellCourt of Criminal Appeals of Texas · 2014
  5. Evans-Garcia v. United StatesCourt of Appeals for the First Circuit · 2014

26 more not listed; retrieve them via the Exa API.

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