Miller Claims to Live Another Day With 3rd Cir. Ruling

, The Legal Intelligencer

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The U.S. Court of Appeals for the Third Circuit's interpretation of Miller v. Alabama, issued last week, deepens the divide among the circuits on the application of the U.S. Supreme Court's recent opinion declaring mandatory life sentences for juveniles as unconstitutional.

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What's being said

  • Peter Goldberger

    Despite the circuit split, there cannot be Supreme Court review of the question at this stage. Section 2244(b)(3)(E) of title 28, U.S. Code, deprives the Supreme Court of certiorari jurisdiction over rulings, such as this one, on an application for leave to file a successive habeas corpus petition.

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