Footes v. Bishop, 8:16-cv-00786

Aaron Devon Footes was convicted in Maryland state court of first-degree felony murder and related offenses for a crime committed at age 17, and sentenced in 1997 to life imprisonment, plus a consecutive 20-year term for handgun use.
His convictions were upheld on appeal, and multiple state post-conviction petitions and motions were largely denied, though the 20-year handgun sentence was later made concurrent.
Footes filed various habeas petitions in federal court, challenging his sentence as unconstitutional in light of Supreme Court decisions prohibiting mandatory life without parole for juveniles (Miller v. Alabama and Montgomery v. Louisiana).
In 2022, Maryland enacted the Juvenile Restoration Act (JUVRA), allowing resentencing of juvenile offenders who had served more than 20 years, resulting in Footes' sentence being modified: he now serves life with all but 45 years suspended, with parole eligibility.
The State moved to lift the stay and dismiss Footes’ latest habeas petition as moot, arguing his new sentence and Maryland’s changed parole structure resolve his Eighth Amendment challenge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Footes' de facto life sentence as a juvenile violates the Eighth Amendment under Miller/Montgomery	His sentence is cruel and unusual punishment because he was a juvenile and is functionally denied parole	Miller/Montgomery does not require a new finding after JUVRA resentencing; Footes' claim is now moot due to his resentencing and parole eligibility	Footes' claim is moot; resentencing and JUVRA address the constitutional concern

Miller v. Alabama, 567 U.S. 460 (2012) (holding mandatory life without parole for juveniles unconstitutional)
Montgomery v. Louisiana, 577 U.S. 190 (2016) (Miller applies retroactively on collateral review)
Graham v. Florida, 560 U.S. 48 (2010) (prohibiting life without parole for juveniles not convicted of homicide)
Roper v. Simmons, 543 U.S. 551 (2005) (ban on death penalty for crimes committed under age 18)
Jones v. Mississippi, 593 U.S. 98 (2021) (Miller/Montgomery require only consideration of youth, not specific fact findings)