Mathena v. Malvo
Status:
GLAD has signed onto an amicus brief in support of Lee Boyd Malvo, whose successful habeas petition to be re-sentenced following the USSC decision in Miller v Alabama is being challenged by the Commonwealth of Virginia. Virginia is essentially arguing that Malvo’s life without parole sentence–imposed after a capital jury declined to sentence him to death–was a discretionary rather than mandatory sentence and thus outside Miller’s mandate. Juvenile Law Center’s amicus brief will urge the Supreme Court to abide by its holdings in Miller and Montgomery that only youth found to be permanently incorrigible are eligible for life without parole sentences and that this determination has yet to be made regarding Malvo.
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