State v. Boston

Summary

The Nevada Supreme Court held that Graham v. Florida applies to aggregate sentences imposed on juvenile nonhomicide offenders when those sentences are the functional equivalent of life imprisonment without parole. The court also held that Graham established good cause and actual prejudice excusing the respondent’s untimely and successive post-conviction petition. Although it agreed that the sentence was unconstitutional under Graham, the court vacated the order granting habeas relief and remanded because Assembly Bill 267 provided the respondent with parole eligibility after 15 years.

Holdings

1. Graham v. Florida applies to aggregate sentences imposed on juvenile nonhomicide offenders when the aggregate sentence is the functional equivalent of life without the possibility of parole.
2. Graham supplied good cause and actual prejudice sufficient to overcome the procedural bars applicable to Boston's untimely and successive habeas petition.
3. Graham applies retroactively on collateral review because it announced a new constitutional rule prohibiting a specific punishment for a class of persons.
4. A.B. 267 applies retroactively to aggregate sentences for nonhomicide offenses committed by juveniles and makes Boston eligible for parole after 15 years, thereby providing the meaningful opportunity for release required by Graham.

Questions Presented

1. Whether Graham v. Florida prohibits an aggregate sentence imposed on a juvenile nonhomicide offender when the sentence is the functional equivalent of life imprisonment without the possibility of parole.
2. Whether Graham provided good cause and actual prejudice to overcome Nevada's timeliness and successive-petition procedural bars.
3. Whether A.B. 267 applies retroactively to aggregate sentences imposed for nonhomicide offenses committed by juveniles and provides the meaningful opportunity for release required by Graham.
4. Whether the district court's order granting Boston's habeas petition should stand in light of A.B. 267.

Disposition

vacated