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  • Jason Contreras v. Keith Davis, 4th Cir. (2015)

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    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit Court of Appeals decision that had affirmed the dismissal of a habeas corpus petition as untimely. The petition raised a claim under Miller v. Alabama, which held that mandatory life imprisonment without parole for juvenile offenders was unconstitutional. The Fourth Circuit had placed the appeal in abeyance pending a decision in another case, which subsequently held that Miller was not retroactively applicable to cases on collateral review like the petitioner's. On this basis, the Fourth Circuit affirmed the district court's dismissal of the petition as untimely.

    Original Description:

    Filed: 2015-03-16 Precedential Status: Non-Precedential Docket: 14-6045

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    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit Court of Appeals decision that had affirmed the dismissal of a habeas corpus petition as untimely. The petition raised a claim under Miller v. Alabama, which held that mandatory life imprisonment without parole for juvenile offenders was unconstitutional. The Fourth Circuit had placed the appeal in abeyance pending a decision in another case, which subsequently held that Miller was not retroactively applicable to cases on collateral review like the petitioner's. On this basis, the Fourth Circuit affirmed the district court's dismissal of the petition as untimely.

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    19 views2 pages

    Jason Contreras v. Keith Davis, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The Supreme Court granted certiorari and vacated and remanded a Fourth Circuit Court of Appeals decision that had affirmed the dismissal of a habeas corpus petition as untimely. The petition raised a claim under Miller v. Alabama, which held that mandatory life imprisonment without parole for juvenile offenders was unconstitutional. The Fourth Circuit had placed the appeal in abeyance pending a decision in another case, which subsequently held that Miller was not retroactively applicable to cases on collateral review like the petitioner's. On this basis, the Fourth Circuit affirmed the district court's dismissal of the petition as untimely.

    Copyright:

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    Certiorari Granted by Supreme Court, March 7, 2016

    Vacated and Remanded by Supreme Court, March 7, 2016

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 14-6045

    JASON MICHAEL CONTRERAS,


    Petitioner - Appellant,
    v.
    KEITH W. DAVIS, Warden, Sussex II State Prison,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (1:13-cv-00772-JCC-TRJ)

    Submitted:

    March 10, 2015

    Decided:

    March 16, 2015

    Before GREGORY, DUNCAN, and WYNN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Jonathan P. Sheldon, SHELDON, FLOOD & HAYWOOD, PLC, Fairfax,


    Virginia, for Appellant.
    Rosemary Virginia Bourne, OFFICE OF
    THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jason Michael Contreras appeals the district courts order
    dismissing his 28 U.S.C. 2254 (2012) petition raising a claim
    under Miller v. Alabama, 132 S. Ct. 2455 (2012).

    We previously

    granted a certificate of appealability on the issue of whether


    the district court erred in dismissing the petition as untimely,
    and

    we

    placed

    the

    appeal

    in

    abeyance

    pending

    decision

    in

    Johnson v. Ponton, __ F.3d __, 2015 WL 924049 (4th Cir. Mar. 5,


    2015).

    In Johnson, the Court held that the Miller rule is not

    retroactively

    applicable

    to

    cases

    on

    collateral

    Accordingly, we affirm the district courts order.

    review.

    We dispense

    with oral argument because the facts and legal contentions are
    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument would not aid the decisional process.

    AFFIRMED

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