261 A.3d 314
N.H.2021Background
- In 1991, Eduardo Lopez committed first-degree murder at age 17 and was sentenced under statute to life imprisonment without parole.
- After Miller v. Alabama (2012) barred mandatory LWOP for juveniles and Montgomery (2016) made Miller retroactive, Lopez sought resentencing.
- In a 2017 resentencing, the trial court held a two-day hearing and imposed 45 years to life, making Lopez eligible for parole at age 62.
- The trial court analyzed whether a 45-year minimum is a de facto LWOP, considered life-expectancy evidence (CDC national tables vs. an ACLU prisoner-based study), and found the CDC data more reliable.
- The court concluded that the 45-year minimum (parole eligibility at 62) is not a de facto LWOP, so no Miller-type finding of irreparable corruption was required.
- The New Hampshire Supreme Court affirmed, rejecting Lopez’s arguments that the sentence was the de facto equivalent of LWOP, that prisoner-specific life-expectancy data should control, and that a 35-year bright-line rule applies.
Issues
| Issue | State's Argument | Lopez's Argument | Held |
|---|---|---|---|
| Whether a 45-year minimum term (parole eligible at 62) is the de facto equivalent of life without parole | 45 years affords a meaningful opportunity for release; not de facto LWOP | 45 years forecloses a realistic chance to build a life outside prison; is de facto LWOP | Not de facto LWOP; sentence upheld |
| Proper life-expectancy measure for de facto-LWOP analysis | CDC general-population tables are the most reliable measure | Use prisoner-based life-expectancy studies reflecting incarceration effects | Trial court permissibly relied on CDC tables; affirmed |
| Whether Miller requires a finding of irreparable corruption before deeming a term-of-years a de facto LWOP | Miller analysis is triggered only if the term is shown to be de facto LWOP | Court must find irreparable corruption before treating a term-of-years as LWOP | Court correctly applied Miller only if sentence equated to LWOP; no such finding needed here |
| Whether a 35-year outer limit is a constitutional bright-line for de facto LWOP | No Supreme Court bright-line; courts should not create one | Any minimum exceeding 35 years is de facto LWOP | Court declined to adopt a 35-year bright-line rule |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (2005) (juveniles less culpable; death penalty unconstitutional for juveniles)
- Graham v. Florida, 560 U.S. 48 (2010) (LWOP unconstitutional for juvenile nonhomicide offenders; requires meaningful opportunity for release)
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juvenile homicide offenders unconstitutional; sentencers must consider youth)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller is retroactive; juveniles must be given parole consideration or resentencing)