Beach v. State, 2015 MT 118 (May 5, 2015) (Baker, J.; McKinnon, J., concurring: Wheat, J., dissenting; Shea, J., dissenting; Cotter, J. dissenting) (4-3, petition denied)
Issue: Whether Barry Beach’s sentence of 100 years without the possibility of parole is unconstitutional under Miller v. Alabama, 132 S. Ct. 2455 (2012).
Short Answer: No.
Petition for writ of habeas corpus denied
Facts: Beach was convicted of deliberate homicide in 1984 for a crime committed in 1979, when Beach was 17. The district court imposed the maximum sentence of 100 years without the possibility of parole. The record does not show that the court expressly considered Beach’s youth when imposing the sentence.
Procedural Posture & Holding: Beach petitions for a writ of habeas corpus, arguing that his sentence is unconstitutional under Miller v.…