Songster v. Beard
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Summary

Songster's life sentence for juvenile crime remanded due to Miller v. Alabama. Third Circuit avoids deciding on Miller's retroactive application, requiring the district court to consider it.

2016 | Federal Juristiction

Songster v. Beard

Keywords juvenile life without parole; LWOP; Miller v. Alabama; retroactive application of Miller; cruel and unusual punishment; Eighth Amendment (U.S.)

Abstract

Kempis Songster, serving a life sentence for a juvenile crime, appealed based on the recent Supreme Court decision in Miller v. Alabama, which prohibited mandatory life without parole sentences for juveniles. The Third Circuit Court of Appeals remanded the case for reconsideration in light of Miller. However, the court did not definitively rule on whether Miller applied retroactively to Songster's case.

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Abstract

Kempis Songster, serving a life sentence for a juvenile crime, appealed based on the recent Supreme Court decision in Miller v. Alabama, which prohibited mandatory life without parole sentences for juveniles. The Third Circuit Court of Appeals remanded the case for reconsideration in light of Miller. However, the court did not definitively rule on whether Miller applied retroactively to Songster's case.

Kempis Songster is serving a life sentence for a crime he committed as a juvenile. Songster appealed his sentence in light of the Supreme Court's ruling in Miller v. Alabama. The Miller case prohibited the imposition of mandatory life sentences without the possibility of parole for juveniles. In response to Songster's appeal, the Third Circuit Court of Appeals remanded the case for reconsideration under the principles established in Miller.

It is important to note that the Third Circuit Court did not explicitly determine the retroactivity of Miller in relation to Songster's case. This issue remains under consideration. The court's remand order directs the lower court to re-examine Songster's sentence in light of the Miller decision, taking into account the factors relevant to sentencing juveniles, such as the individual's age, maturity, and potential for rehabilitation. The outcome of this re-sentencing process will determine whether Songster's life sentence will be modified in accordance with the principles established in Miller v. Alabama.

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Abstract

Kempis Songster, serving a life sentence for a juvenile crime, appealed based on the recent Supreme Court decision in Miller v. Alabama, which prohibited mandatory life without parole sentences for juveniles. The Third Circuit Court of Appeals remanded the case for reconsideration in light of Miller. However, the court did not definitively rule on whether Miller applied retroactively to Songster's case.

Kempis Songster, who was sentenced to life in prison for a crime he committed as a juvenile, is appealing his case. His appeal is based on a recent Supreme Court decision in the case of Miller v. Alabama. This decision ruled that it is unconstitutional to sentence juveniles to life in prison without the possibility of parole.

The Third Circuit Court of Appeals has ordered that Songster's case be reconsidered in light of the Miller decision. However, the court did not decide whether the Miller decision should be applied retroactively, meaning that it could still apply to cases like Songster's where the sentence was imposed before the Miller decision was made.

Songster's case is now being reviewed to determine whether the Miller decision should be applied retroactively and whether Songster should be eligible for a new sentencing hearing where the possibility of parole would be considered.

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Abstract

Kempis Songster, serving a life sentence for a juvenile crime, appealed based on the recent Supreme Court decision in Miller v. Alabama, which prohibited mandatory life without parole sentences for juveniles. The Third Circuit Court of Appeals remanded the case for reconsideration in light of Miller. However, the court did not definitively rule on whether Miller applied retroactively to Songster's case.

Kempis Songster was sentenced to life in prison for a crime he committed when he was a minor. Recently, the Supreme Court ruled that it's not okay to automatically sentence kids to life without the chance for parole. So, Songster appealed his case.

A court called the Third Circuit Court of Appeals sent Songster's case back to be looked at again because of the new Supreme Court rule. But the court didn't say for sure if the rule should apply to Songster's case because it was from the past. So, it's still not clear if Songster will get a chance to get out of prison.

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Abstract

Kempis Songster, serving a life sentence for a juvenile crime, appealed based on the recent Supreme Court decision in Miller v. Alabama, which prohibited mandatory life without parole sentences for juveniles. The Third Circuit Court of Appeals remanded the case for reconsideration in light of Miller. However, the court did not definitively rule on whether Miller applied retroactively to Songster's case.

A man named Kempis Songster is serving a life sentence in prison for a crime he committed when he was a teenager. However, since going to prison a new rule was made that said minors should not get life in prison without a chance to get out. Songster appealed his sentence because of the new rule (Miller v. Alabama).

A court called the Third Circuit Court of Appeals sent Songster's case back to be looked at again because of the new rule. But the court didn't say for sure if the rule should apply to Songster's case because it was from the past. So, it's still not clear if Songster will get a chance to get out of prison.

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Footnotes and Citation

Cite

Kempis Songster v. Secretary PA Dept Corrections, No. 12-3941 (3d Cir. Mar. 15, 2016).

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