Beach v. State

*75OPINION AND ORDER

¶1 Barry Allan Beach petitions for a writ of habeas corpus, arguing that his sentence of one hundred years of imprisonment without the possibility of parole is unconstitutional under Miller v. Alabama, 567 U.S._, 132 S. Ct. 2455 (2012). The dispositive issue is whether Miller’s rule requiring a sentencing judge to consider a juvenile1 offender’s age when sentencing that offender to life without parole applies retroactively on collateral review. We conclude that it does not. We deny Beach’s petition.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 In 1984, a Roosevelt County jury convicted…