USSC's juvenile sentencing ruling in Miller constitutes a new substantive rule of constitutional law and, thus, applies retroactively to criminal cases on collateral review.
Cite as
2015 DJDAR 4533Published
Apr. 26, 2015Filing Date
Apr. 23, 2015In re NORMAN WILLOVER,
on Habeas Corpus.
No. H040757
(Monterey County
Super. Ct. Nos. SM980198B, HC7940)
California Courts of Appeal
Sixth Appellate District
Filed April 24, 2015
ORDER MODIFYING OPINION
AND DENYING REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on April 16, 2015, be modified in the following particulars:
1. On page 11, line 8 of footnote 5, the phrase ?the parties have not discussed whether? is replaced with the phrase ?petitioner also argues that,? so that the sentence reads as follows:
In this case, petitioner also argues that Miller should be given retroactive application under California law.
2. On page 11, following the last sentence of footnote 5, the following sentence is added:
We need not reach that issue here.
There is no change in judgment.
The petition for rehearing is denied.
BAMATTRE-MANOUKIAN, ACTING P.J.
MIHARA, J.
MÁRQUEZ, J.
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