Roosevelt Moore v. M. Biter

OPINION

PREGERSON, Circuit Judge:

In Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), the United States Supreme Court clearly established that the Eighth Amendment prohibits the punishment of life without parole for juvenile nonhomicide offenders. As compared to adults, juvenile nonhomicide offenders are still developing their characters, have diminished moral culpability, and possess greater capacity to change. Id. at 2026-27. The Constitution requires the State to give juvenile nonhomicide offenders “some meaningful opportunity to obtain release based on demonstrated…