Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Houston v. Steele

United States District Court, E.D. Missouri, Eastern Division

March 12, 2019

BRADLEY L. HOUSTON, Petitioner,
v.
TROY STEELE, Respondents.

          MEMORANDUM AND ORDER

          E. RICHARD WEBBER, SENIOR UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Petitioner Bradley Houston's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [1].

         I. BACKGROUND

         In 1986, Petitioner Bradley L. Houston (“Petitioner”) was convicted of first-degree murder and was sentenced to life imprisonment without parole. Petitioner pled guilty to the charge and did not appeal his conviction or senten.

         On June 25, 2012, the United States Supreme Court issued its opinion in Miller v. Alabama, 567 U.S. 460 (2012). In Miller, the Supreme Court held the Eighth Amendment of the United States Constitution prohibits a sentencing scheme that mandates life in prison without the possibility of parole for juvenile homicide offenders. Id. at 479. On January 27, 2016, the United States Supreme Court decided the case of Montgomery v. Louisiana, 136 S.Ct. 718 (2016), holding the rule of Miller must be retroactively applied to persons sentenced to mandatory life without parole for juvenile sentences before Miller was decided. Id. at 732.

         In 2013, Petitioner filed a petition for writ of habeas corpus in the Missouri Supreme Court alleging that his sentence was unconstitutional in light of Miller. On March 15, 2016, the Missouri Supreme Court issued an order in Petitioner's case, as well as all other similarly situated cases, stating:

NOW, THEREFORE, this Court, in order to comply with the constitutional requirements of Miller and Montgomery, hereby orders that this petition be sustained in part. This petitioner shall be eligible to apply for parole after serving 25 years' imprisonment on his sentence of life without parole unless his sentence is otherwise brought into conformity with Miller and Montgomery by action of the governor or enactment of necessary legislation. All other claims alleged in the petition and pending motions are denied without prejudice.

         Petitioner filed his Motion to Vacate in this Court on April 1, 2016. On July 13, 2016, the Governor signed into law Missouri Senate Bill No. 590 (“S.B. 590”), 98th General Assembly, which states, in relevant part:

1. (1) Any person sentenced to a term of imprisonment for life without eligibility for parole before August 28, 2016, who was under eighteen years of age at the time of the commission of the offense or offenses, may submit to the parole board a petition for a review of his or her sentence, . . . after serving twenty-five years of incarceration.
------
4. The parole board shall hold a hearing and determine if the defendant shall be granted parole.

(codified at Mo. Rev. Stat. § 558.047).

         On July 19, 2016, the Missouri Supreme Court issued an order, in light of S.B. 590, vacating its March 15, 2016 order granting Petitioner parole eligibility and denying Petitioner's habeas petition.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.