In re Moss
703 F.3d 1301
| 11th Cir. | 2013Background
- Moss filed 28 U.S.C. §§ 2255(h) and 2244(b)(3)(A) motion for leave to file a second or successive § 2255.
- Second/successive filing allowed only if prima facie showing of new-evidence or new retroactive rule.
- Moss seeks a ruling based on Graham v. Florida to challenge life without parole for juvenile non-homicide narcotics crime.
- Graham held juveniles cannot be sentenced to life without parole for non-homicide offenses; questions of new rule and retroactivity arise.
- Court holds Graham announced a new constitutional rule and retroactively applicable on collateral review; prima facie shown.
- District court will decide de novo whether Moss meets § 2255(h) and, if so, consider merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Graham establish a new rule of constitutional law? | Moss contends Graham creates a new rule. | Respondent contends Graham does not establish a new rule. | Yes; Graham set a new rule. |
| Is Graham retroactive on collateral review? | Moss claims retroactivity under Teague exceptions. | Respondent argues retroactivity is not satisfied. | Yes; prima facie showing of retroactivity. |
| Does Moss satisfy the prima facie showing for a second/successive motion? | Moss shows eligibility under §§ 2255(h) and 2244(b)(3)(C). | Respondent challenges whether prima facie showing is met. | Yes; Moss granted leave to file a second/successive motion. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (Eighth Amendment bans life without parole for non-homicide juveniles)
- In re Sparks, 657 F.3d 258 (5th Cir. 2011) (gives retroactivity context for Graham)
- Tyler v. Cain, 533 U.S. 656 (U.S. 2001) (teague retroactivity framework for new rules)
- Penry v. Lynaugh, 492 U.S. 302 (U.S. 1989) (retroactivity framework for punishment categories)
- Loggins v. Thomas, 654 F.3d 1204 (11th Cir. 2011) (Teague exceptions support Graham retroactivity)