Michael Bell v. Greg Lewis

MEMORANDUM

Michael Xavier Bell appeals the district court’s dismissal of his habeas petition. We have jurisdiction under 28 U.S.C. § 2253 . Because Bell has failed to exhaust state remedies in light of Graham v. Florida, — U.S. -, 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010), we vacate and remand to the district court.

When Bell was fourteen years old, he and an accomplice committed a series of crimes over a period of hours. A California jury convicted Bell of several counts of robbery, forcible rape, forcible oral copulation, and attempted kidnapping. He was sentenced to 54 years to life in state prison. Bell appealed his sentence to the California Court of Appeal, arguing that it was cruel and unusual punishment. The Court of Appeal rejected Bell’s argument.

Several years later, Bell filed a petition for a writ of habeas corpus in district court. The State filed an Answer, in which it admitted that “the Petition is not barred by a failure to exhaust state remedies.” After the State filed its Answer, the U.S. Supreme Court decided Graham , and the district court ordered supplemental briefing in light of that decision. The State submitted a supplemental brief discussing the…