659 F. App'x 277
6th Cir.2016Background
- Brian Starks committed a robbery-murder at age 17; convicted of felony murder and attempted especially aggravated robbery.
- Tennessee imposed a mandatory life sentence for felony murder (parole eligibility after 51–60 years depending on credit) plus a consecutive 11-year term, making parole eligibility February 2059 when Starks would be 77.
- Starks argued his sentence is an Eighth Amendment violation under Miller v. Alabama because parole eligibility occurs beyond his life expectancy.
- State post-conviction courts and a federal district court denied relief; the Sixth Circuit granted COA and reviewed under AEDPA deference.
- The Sixth Circuit majority affirmed, holding Miller had not been clearly extended by the Supreme Court to cover de facto life terms created by long fixed or consecutive sentences.
- Judge White concurred, concluding Miller (as informed by Graham and Roper) should prohibit Starks’s sentence as effectively depriving him of a meaningful opportunity for release, but she concurred only because AEDPA prevented relief given fairminded disagreement.
Issues
| Issue | Plaintiff's Argument (Starks) | Defendant's Argument (Warden) | Held |
|---|---|---|---|
| Whether Miller forbids juvenile sentences that are the functional equivalent of life without parole (i.e., fixed/consecutive terms producing parole eligibility after a defendant’s life expectancy) | Miller requires meaningful opportunity for release; parole eligibility at 77 (past expected life span for African-American men, especially prisoners) is effectively life without parole and violates the Eighth Amendment | Miller applies only to explicit life-without-parole sentences; courts are split on de facto life; Tennessee courts were reasonable in limiting Miller | Majority: Affirmed denial of relief under AEDPA — state-court decision was not an unreasonable application of clearly established Supreme Court law; Miller’s scope to de facto life is not clearly established. Concurrence: Miller should prohibit Starks’s sentence, but AEDPA bars relief because reasonable jurists could disagree. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (Eighth Amendment forbids mandatory life without parole for juvenile homicide offenders; sentencing must account for youth)
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for juvenile nonhomicide offenses violates Eighth Amendment; states must provide a meaningful opportunity for release)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty unconstitutional for crimes committed by juveniles; juveniles have diminished culpability)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller announced a substantive rule that applies retroactively)
- Harrington v. Richter, 562 U.S. 86 (2011) (AEDPA deference: relief barred unless state-court decision was unreasonable)
- Bunch v. Smith, 685 F.3d 546 (6th Cir. 2012) (discussion of Graham/Miller applicability to long aggregate sentences for nonhomicide offenses)
- Moore v. Biter, 725 F.3d 1184 (9th Cir. 2013) (held Graham/Miller can apply to de facto life sentences in some contexts)
- McKinley v. Butler, 809 F.3d 908 (7th Cir. 2016) (applied Graham/Miller to de facto life sentences)