“With all the other things that go on in Montgomery, I know there’s a whole lot to govern there,” he said. A third attempt is pending in Montgomery this year. Alabama failed in the last two legislative sessions, Jett said. Today the only option, according to Alabama statutes, is the same thing that was on the books then.”īills that would bring state law into line with Miller v.
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“It’s sent back to a trial judge right now without any corrections in the law on the books. “The Legislature’s not caught up with what you do in those cases,” he said. It’s possible the judge will weigh all those facts and decide to hand down the same sentence, experts say.īut part of the reason Miller is still waiting for his day in court is because Alabama law has yet to be changed to reflect the decision that bears his name, Jett said. What’s supposed to happen eventually is that Miller will get to go before a judge again, where he’ll be able to present mitigating factors - his youth and a long history of abuse, mental illness and neglect - in hopes of getting a reduced sentence. State prosecutors took over from the Lawrence County district attorney’s office because of a conflict - the county’s top prosecutor since 2012 has been Miller’s old lawyer, Errek Jett. The next date on the docket is another status conference - a perfunctory check-in with the lawyers on either side - at the end of March, said Joy Patterson, a spokeswoman for the Alabama attorney general’s office, which will handle the resentencing. When we walked out of the courtroom from the trial where he was convicted and given that sentence in 2006, we thought we were done with this part.” “It’s something that’s kind of hanging over your head,” said Candy Cheatham, Cannon’s daughter. But Miller is still waiting for his proceeding in a prison outside Birmingham, leaving not only his family but that of his victim in an emotional holding pattern. In January, it ruled that juveniles who previously received mandatory life-without-parole terms should get the same opportunity.
Supreme Court decided he should get a new sentencing hearing.
A jury in his hometown of Moulton, Alabama, convicted him of capital murder in 2006. The 52-year-old Cannon was beaten, robbed and left for dead in his mobile home, which Miller and another teen set ablaze to cover up the crime. Miller has been locked up since he was 14 for the July 2003 killing of a neighbor, Cole Cannon. Supreme Court decided that juveniles can’t be subject to mandatory life-without-parole sentences, hundreds of juvenile offenders have been given a chance at eventual release.Įvan Miller - whose name is on that decision - isn’t one of them. A photo of him as a child survived the fire set by the teenagers who took his life. Candy Cheatham holds a photograph of her father as an adult.
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