Songster v. Beard

Juvenile Law Center filed an amicus brief in the United States Court of Appeals for the Third Circuit on behalf of Kempis Songster, who was convicted of first degree murder as a teenager, and who received a mandatory life without parole sentence.

Juvenile Law Center’s brief argued that Songster’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 Songster was sentenced, Pennsylvania law mandated a life without parole sentence for this crime. Before the Third Circuit is whether Miller should be given retroactive effect and thus, whether Songster should be resentenced following an individualized sentencing hearing. Juvenile Law Center asserted that Miller applies retroactively to cases like Songster’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 Songster’s sentence became final to prevent him from benefiting from Miller would be an arbitrary infliction of punishment inconsistent with the Eighth Amendment.

While Songster's case was on appeal, the United States Supreme Court decided Montgomery v. Louisiana, holding that Miller applies retroactively. Accordingly, the Third Circuit vacated and remanded Songster's case to the district court.