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Procedural side. Have any states treated miller as retroactive on state habeas . Yes. The majority of states its a close call. I think its maybe 10 to 7 or 10 to 8, but the majority of states that have reviewed this have concluded that miller is retroactive. Most have done it as a matter of substantive law. There are a couple of opinions that talk about the watershed exception which is not the way we think this case should be analyzed. Not only the states have done that, but the United States has taken that position with respect to the juveniles that were sentenced before miller to life without parole as a mandatory sentence, and in the resentencings of those that have taken place so far its only been about ten, but those defendants have almost uniformly received sentences that are terms of years significantly shorter than life. What is the population were dealing with if most states do apply miller retroactively . I think there was a figure of 2,000 people with life without parole. I

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