Griffin v. Norman

Juvenile Law Center filed an amicus brief in the Missouri Supreme Court on behalf of Gary Griffin, who was charged with first degree murder as a juvenile and who received a mandatory life without parole sentence. Juvenile Law Center’s brief argued that Griffin’s sentence is unconstitutional pursuant to the United States Supreme Court’s ruling in Miller v. Alabama, which banned mandatory life without parole sentences for juveniles. At the time Griffin was sentenced, Missouri law mandated a life without parole sentence for this crime. Before the Missouri Supreme Court is whether Miller should be given retroactive effect and thus, whether Griffin should be resentenced following an individualized sentencing hearing. Juvenile Law Center asserted that Miller applies retroactively to cases like Griffin’s, which was final before the decision came down from the U.S. Supreme Court and thus is being considered on habeas review.

Specifically, Juvenile Law Center argued that Miller applies retroactively because it is a substantive rule. Moreover, even if Miller was not a substantive rule, it was a “watershed rule” that must apply retroactively under U.S. Supreme Court precedent. Finally, we argued that Miller is retroactive because the Eighth Amendment itself requires Miller to apply retroactively. Allowing the date that Griffin’s sentence became final to prevent him from benefiting from Miller would be an arbitrary infliction of punishment inconsistent with the Eighth Amendment.

The Missouri Supreme Court denied Mr. Griffin’s petition for writ of habeas corpus pursuant to new Missouri legislation that allowed individuals sentenced to life without parole as youth to be eligible for parole after serving 25 years.