LaMonte Martin v. Jessica Symme

Filing

OPINION FILED - THE COURT: Diana E. Murphy, Michael J. Melloy and Duane Benton AUTHORING JUDGE:Duane Benton (PUBLISHED) [4394649] [13-3676]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3676
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LaMonte Rydell Martin
lllllllllllllllllllllPetitioner - Appellant
v.
Jessica Symmes, Warden, Oak Park Heights Facility, Minnesota
lllllllllllllllllllll Defendant - Appellee
-----------------------------Juvenile Law Center; Campaign for the Fair Sentencing of Youth; Children's Law
Center of Los Angeles; Council on Crime and Justice; Defender Association of
Philadelphia; ISAIAH; Juvenile Justice Project of Louisiana; Juvenile Justice
Initiative; Legal Rights Center; National Association of Criminal Defense
Lawyers; National Center for Youth Law; National Juvenile Defender Center;
National Juvenile Justice Network; National Legal Aid & Defender Association;
The Orleans Public Defenders; The Pacific Juvenile Defender Center; The Public
Defender Service for the District of Columbia; Rutgers School of Law - Camden
Children's Justice Clinic; San Francisco Office of the Public Defender; Youth Law
Center; Stephen K. Harper; Kristin Henning; Frank Vandervort
lllllllllllllllllllllAmici on Behalf of Appellant(s)
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Appellate Case: 13-3676

Page: 1

Date Filed: 05/03/2016 Entry ID: 4394649

Submitted: April 13, 2016
Filed: May 3, 2016
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Before MURPHY, MELLOY, and BENTON, Circuit Judges.
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BENTON, Circuit Judge.
This case is before this court on remand from the United States Supreme Court.
LaMonte Rydell Martin was convicted of first-degree murder and sentenced to life
without parole. He was 17 years old at the time of the murder. Martin argues his
sentence is in violation of the Eighth Amendment, citing Miller v. Alabama, 132 S.
Ct. 2455 (2012). This court disagreed, holding Miller does not apply retroactively
to cases on collateral review. Martin v. Symmes, 782 F.3d 939 (8th Cir. 2015).
In Martin v. Smith, No. 15-6030 (Mar. 7, 2016), the Supreme Court granted
certiorari and vacated this court’s earlier judgment based on the Montgomery case.
See Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (ruling Miller applies
retroactively to cases on collateral review).
*******
This court vacates Part I of its previous opinion while reaffirming Part II. The
previous judgment is vacated and the case remanded for proceedings consistent with
this opinion.
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Appellate Case: 13-3676

Page: 2

Date Filed: 05/03/2016 Entry ID: 4394649