Kelly v. White

Decision Date16 March 2020
Docket NumberNo. 19-264,R46-012 / OT 2019,19-264
Citation140 S.Ct. 993 (Mem),206 L.Ed.2d 389
Parties KELLY, Supt., OR v. Lydell M. WHITE.
CourtU.S. Supreme Court

The petition for writ of certiorari was dismissed on March 16, 2020, pursuant to Rule 46.1 of the Rules of this Court.

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5 cases
  • State v. Link
    • United States
    • Oregon Supreme Court
    • March 4, 2021
    ...Id. at 24, 417 P.3d 401.In White v. Premo , 365 Or. 1, 12-15, 443 P.3d 597 (2019), cert. dismissed sub nom Kelly v. White , ––– U.S. ––––, 140 S. Ct. 993, 206 L.Ed.2d 389 (2020), this court held that Miller ’s individualized-sentencing requirement applies to a term-of-years sentence that is......
  • Hardegger v. Amsberry
    • United States
    • Oregon Court of Appeals
    • August 12, 2020
    ...to be appropriate. See White v. Premo , 365 Or. 1, 11, 443 P.3d 597 (2019), cert. dismissed sub nom, Kelly v. White , ––– U.S. ––––, 140 S. Ct. 993, 206 L. Ed. 2d 389 (2020) (a petitioner could not have reasonably asserted a claim under Miller before the decision, because the United States ......
  • Canales-Robles v. Laney
    • United States
    • Oregon Court of Appeals
    • September 9, 2021
    ...petition were reasonably available to him. See White v. Premo , 365 Or. 1, 6, 443 P.3d 597 (2019), cert. dismissed , ––– U.S. ––––, 140 S. Ct. 993, 206 L. Ed.2d 389 (2020) ("[A]s used in the escape clauses ***, the term ‘grounds’ means the legal rule asserted as a basis for a claim, not the......
  • Harned v. Amsberry
    • United States
    • Oregon Court of Appeals
    • October 13, 2021
    ...may be sentenced to life without parole." White v. Premo , 365 Or. 1, 17, 443 P.3d 597 (2019), cert. dismissed , ––– U.S. ––––, 140 S. Ct. 993, 206 L.Ed.2d 389 (2020). Accordingly, the Oregon Supreme Court explained in White that "the fact that the trial court considered a juvenile's age in......
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