Friday, October 04, 2013
Courts - Is Miller v. Alabama retroactive? 3rd Circuit opinion
Mark Scolforo of the AP reported yesterday:
HARRISBURG, Pa. (AP) -- Three men who have been serving life sentences since they were juveniles won a fresh chance to convince judges they deserve to be resentenced under a decision Thursday by the federal appeals court based in Philadelphia.Here is the 3rd Circuit opinion.
The 3rd U.S. Circuit Court of Appeals said there was at least some reason to think last year's U.S. Supreme Court decision in the case of Miller v. Alabama, throwing out mandatory life without parole sentences for juveniles, should be applied retroactively.
The court stressed its decision is tentative and made under a standard that means there is enough possible merit to warrant a full exploration of the matter. The defendants must still convince the district judges they should be resentenced.
Posted by Marcia Oddi on October 4, 2013 07:42 AM
Posted to Courts in general