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Posted by: Tanja Trezise on Apr 8, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

John M. Miles, Union City, Tennessee, for the appellant, Floyd Lee Perry, Jr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Thomas A. Thomas, District Attorney General; and Jim Cannon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Floyd Lee Perry, Jr., appeals the dismissal of his motion to re-open his original petition for post-conviction relief. The petitioner is currently serving a sentence of life with the possibility of parole for a murder he committed as a juvenile. On appeal, he claims that he is entitled to relief pursuant to the new precedent established in Miller v. Alabama, 132 S. Ct. 2455 (2012), which held that it violated the Eighth Amendment prohibition against cruel and inhuman punishment to sentence a juvenile to life imprisonment without the possibility of parole without individual consideration of mitigating circumstances. Following review of the applicable law and the record before us, we conclude that the motion was properly denied and affirm the judgment of the post-conviction court.