Eleventh Circuit· 4/12/2013

In re Morgan

Citations

713 F.3d 1365
2013 WL 1499498
2013 U.S. App. LEXIS 7523

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that Miller did not create a substantive rule “ ‘prohibiting a certain category of punishment for a class of defendants because of their status or offense’ instead, “Miller changed the procedure by which a sentencer may impose a sentence of life without parole on a minor”
finding Miller to be non-substantive because it regulates only the manner of determining the degree of a defendant’s culpability
declining to apply Miller retroactively to collateral review of defendant’s case
“A new rule is substantive when that rule places an entire class beyond the power of the government to impose a certain punishment regardless of the procedure followed, not when the rule expands the range of possible sentences.”
Miller not retroactive because it is procedural rule that is not watershed

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Pryor, Wilson

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

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