Legal Opinion

Aiken v. Byars

Supreme Court of South Carolina

Decided November 12, 2014No. Appellate Case 2012-213286; 27465PublishedCited by 119 opinions

1Opinion of the CourtJustice Hearn

In this case brought in our original jurisdiction, fifteen inmates who were sentenced to life without parole as juveniles petition this Court for resentencing in light of the United States Supreme Court’s decision in Miller v. Alabama, — *537U.S.-, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).1 We hold their sentences violate the Eighth Amendment under Miller and the petitioners and those similarly situated are entitled to resentencing.

FACTUAL/PROCEDURAL BACKGROUND

The petitioners were all convicted for homicides committed while they were juveniles. Some pled guilty and others were convicted after a…

Also in this document: Concurrence.

2Cases cited23 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Miller v. AlabamaSupreme Court of the United States · 2012
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

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3Cited by119 opinions

  1. Montgomery v. LouisianaSupreme Court of the United States · 2016
  2. People v. HolmanIllinois Supreme Court · 2017
  3. State v. RamosWashington Supreme Court · 2017
  4. Rebecca Lee Falcon v. State of FloridaSupreme Court of Florida · 2015
  5. LaMonte Martin v. Jessica SymmesCourt of Appeals for the Eighth Circuit · 2015

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