IN RE RAINEY

No. A138921.

224 Cal.App.4th 280 (2014)

168 Cal. Rptr. 3d 719

In re CLYDE JAMES RAINEY on Habeas Corpus.

Court of Appeals of California, First District, Division One.

February 28, 2014.


Attorney(s) appearing for the Case

L. Richard Braucher , for Petitioner Clyde James Rainey.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and René A. Chacón , Deputy Attorneys General, for Respondent the People.


OPINION

BANKE, J.

Petitioner Clyde James Rainey (Rainey) seeks habeas corpus relief under Miller v. Alabama (2012) 567 U.S. ___ [183 L.Ed.2d 407, 132 S.Ct. 2455] (Miller), which holds mandatory life imprisonment without parole (LWOP) for those under the age of 18 at the time of their crimes violates the Eighth Amendment prohibition on cruel and unusual punishment. We conclude Miller...

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