ATLANTA — The Georgia Supreme Court will allow a Cherokee County man to challenge his life sentence in a murder he was convicted of committing when he was 15 years old.
Jonathan Miller, now 42, was sentenced to life in prison in the 1998 death of his 13-year-old classmate, Josh Belluardo, who died after Miller punched him in the back of the head as they got off a school bus.
The case made national headlines at the time, as Miller’s trial came just weeks after the deadly shooting at Columbine High School in 1999.
Miller is now challenging his sentence, arguing it amounts to cruel and unusual punishment under the Eighth Amendment.
In a 4-3 decision, state Supreme Court justices ruled that the challenge must be reconsidered in trial court, which rejected the claim in 2023.
Miller argues his life sentence is disproportionate, saying the killing was unintentional and happened during a fistfight between two teenagers.
WSB Radio’s Cheryl Castro contributed to this story.