Criminal Law: Sentencing – Missouri Statute – Juvenile Offender

Where a juvenile defendant challenged the constitutionality of Section 565.020, which mandates the imposition of a sentence of life without parole on an offender under the age of 18 without consideration of the offender’s age, the defendant adequately raised and preserved the issue for appeal, and the appeal is a real and substantial challenge to the validity of a state statute based on the U.S. Supreme Court’s decision in Miller v. Alabama, so the case is transferred to the Missouri Supreme Court.

Transferred.

State v. Nathan (MLW No. 64392/Case No. ED96851/ED96832 – 5 pages) (Missouri Court of Appeals, Eastern District, Crane, J.) Appealed from circuit court, St. Louis City, Dierker Jr., J. (Chris Koster and Joseph E. Buchheim for respondent) (Jessica Hathaway for appellant).

Read the full text of this opinion. (PDF)