White v. Premo

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In this post-conviction proceeding, petitioner Lydell White, a juvenile offender, was convicted along with his twin brother Laycelle for aggravated murder and murder. He contended on petition for post-conviction relief that the 800-month sentence he was serving for a single homicide was the functional equivalent of life without parole and was imposed without a hearing that satisfied the procedural and substantive requirements of the Eighth Amendment. The Oregon Supreme Court agreed, finding petitioner was not procedurally barred from seeking post-conviction relief, and that his sentence was subject to the protections of Miller v. Alabama, 567 US 460 (2012). “Because this record does not convince us that the sentencing court determined that petitioner’s crime reflects irreparable corruption, we reverse the decisions of the Court of Appeals and the post-conviction court and remand to the post-conviction court for further proceedings.” View "White v. Premo" on Justia Law