United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
RICHARD WEBBER, SENIOR UNITED STATES DISTRICT JUDGE
matter comes before the Court on Petitioner Douglas
Brester's Petition under 28 U.S.C. § 2254 for Writ
of Habeas Corpus by a Person in State Custody .
1992, Petitioner Douglas Brewster (“Petitioner”)
was convicted of first-degree murder, armed criminal action,
and first-degree burglary in the Circuit Court of St.
Francois County, Missouri. Petitioner was sentenced to life
without parole for the first-degree murder conviction and
concurrent terms of fifteen years' imprisonment for the
convictions of armed criminal action and first-degree
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.
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.
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).
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. Petitioner filed his Motion to Vacate in
this Court on August 15, 2016.