Beach v. State

¶115 I dissent from the Court’s denial of Beach’s petition. While I agree with some of the arguments set forth in both Justice Wheat’s and Justice Shea’s dissents, I write separately to assert that, even if one were to accept the Plurality Opinion’s analysis of retroactivity, reversal and remand is still required because the Miller sentencing consideration rule is a substantive rule which should be applied retroactively to Beach’s claim on collateral review.

¶116 In Schriro v. Summerlin, the United States Supreme Court held that substantive rules apply retroactively, and it included as a…