People v. Vigil

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

On June 1, 2015, pursuant to its decision in Jensen v. People, 2015 CO 42, the Colorado Supreme Court held that Miller does not apply retroactively. Mr. Vigil's counsel filed a petition for rehearing which was denied by the Colorado Supreme Court. Subsequently, counsel filed a motion to stay or recall the mandate pending the decision in Montgomery v. Louisiana which was pending before the U.S. Supreme Court to address the issue of Miller's retroactivety. The stay was granted on August 4, 2015. On January 25, 2016, the U.S. Supreme Court declared Miller retroactive in its Montgomery decision. Subsequently, the Colorado Supreme Court vacated its decision and remanded Vigil's case to the trial court for further proceedings in light of Montogmery.