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IN RE McNEIL

Nos. 87654-1, 88172-3.

334 P.3d 548 (2014)

In the Matter of the Personal Restraint of Russell Duane McNEIL, Petitioner. In the Matter of the Personal Restraint of Herbert Chief Rice, Jr., Petitioner.

Supreme Court of Washington, En Banc.

September 25, 2014.

Attorney(s) appearing for the Case

Lenell Rae Nussbaum , Attorney at Law, Victoria Jane Lyons , Washington Appellate Project, Suzanne Lee Elliott , Attorney at Law, Seattle, WA, for Petitioner.

James Patrick Hagarty , Yakima County Prosecuting Attorney's Office, Yakima, WA, David Brian Trefry , Yakima County Prosecutors Office, Spokane, WA, Pamela Beth Loginsky , Washington Assoc of Prosecuting Atty, Olympia, WA, for Respondent.

Travis Stearns , Washington Defender Association, Nancy Lynn Talner , Attorney at Law, Sarah A. Dunne , ACLU of Washington Foundation, Benjamin Arthur Mayer , Jennifer Addis , K & L Gates, LLP, Allyssa Lamb , Attorney at Law, Seattle, WA, James Arnold Andrus , Calpers, Sacramento, CA, for Amicus Curiae on behalf of Washington Defender Association/American Civil Liberties Union of Washington.

Mary Kathleen Webber Snohomish County Prosecutors Office Everett, WA, Hilary A. Thomas , Whatcom County Prosecutors Office, Bellingham, WA, for Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys (WAPA).

FAIRHURST, J.

¶ 1 About 25 years ago, petitioners Russell Duane McNeil and Herbert Chief Rice Jr. were tried as adults and convicted of aggravated first degree murder for crimes committed while the petitioners were both approximately 17 years and 5 months old. They were each given the mandatory minimum sentence for that crime — life in prison without the possibility of early release.

¶ 2 On June 25, 2012, the United States Supreme Court issued...

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