Monday, September 05, 2022

Crespin v. Ryan, No. 18-15073 (8-19-22)(Hurwitz w/Hawkins & M. Smith). The 9th affirms a conditional grant of habeas. This presents a Miller claim, narrowed under Jones v. Mississippi, 141 S. Ct 1307 (2021). Petitioner was 16 when charged with a capital offense. He pled to LWOP, pre-Miller. The 9th held he could challenge post-conviction. The 9th then held that Miller and Jones both require the court to exercise its discretion. Here, the trial court stated he had no discretion in sentencing and had to impose LWOP. The 9th rejects the State’s argument that the court could have rejected the plea. Rejection is not discretion in sentencing, and did not comply with Miller.


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