16 results for 'cat:"Juvenile Law" AND cat:"Murder" AND cat:"Sentencing"'.
J. Tabor finds that a minimum mandatory sentence of life in prison with the possibility of parole in 50 years was properly imposed after defendant pleaded guilty to first-degree murder, which he committed at age 17, as the lower court performed a thorough analysis before handing down sentence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 22-2079, Categories: juvenile Law, murder, sentencing
J. Shanker vacates the trial court's refusal to grant defendant, who was convicted of first-degree murder and other offenses when he was 19 and sentenced to life imprisonment, early release under the Incarceration Reduction Amendment Act. The trial court improperly considered the degree to which the "'hallmark features of youth'" played a role in the crime. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: February 29, 2024, Case #: 22-CO-0650 , Categories: juvenile Law, murder, sentencing
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J. Gallagher finds the trial court properly denied defendant's motion to separate his assault and murder charges into two trials. The evidence for each of the sets of charges was simple and direct, while the crimes also occurred on separate dates at separate locations, which prevented any chance of confusion by the jury. However, the trial court erroneously failed to consider defendant's age of 17 at the time he committed the offenses, and so defendant's sentence of life in prison with parole eligibility after 63 years will be vacated and the case remanded for resentencing. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 8, 2024, Case #: 2024-Ohio-467, Categories: juvenile Law, murder, sentencing
J. Streeter holds that the juvenile court had jurisdiction to modify a juvenile's commitment for attempted murder to a maximum term of confinement of 22-years-to-life. The juvenile court met the requirements for good cause and was making a diligent effort to comply with a new statute. Also, the juvenile's equal protection rights were not violated by the juvenile court's refusal to apply his precommitment credits to his baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: January 31, 2024, Case #: A166408, Categories: juvenile Law, murder, sentencing
J. Budd reverses a sentence of life without parole for a defendant convicted of murder. The defendant was 18 when he committed the crime and 18-to-20-year-olds — emerging adults — are more neurologically similar to 17-year-olds than to people age 22 and older. So even though an 18-year-old is an adult, a statute determining that sentencing juveniles to life without parole constitutes cruel and unusual punishment also applies to emerging adults. Vacated.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: January 11, 2024, Case #: SJC-11693, Categories: juvenile Law, murder, sentencing
J. Cassel finds the district court properly dismissed this suit brought by the prison inmate regarding the computation of her tentative mandatory release date. The court sentenced defendant to life for a murder committed as a juvenile, imposing a consecutive sentence of two to five years for a firearm use conviction. Later, the court imposed a consecutive sentence of one year for assault by a confined person. The murder sentence was vacated following a decision involving juvenile offenders and changed to 60 to 80 years. The inmate’s complaint, challenging confinement duration, fails to state a claim. Also, in failing to challenge the validity of a rule, the sovereign immunity waiver does not apply. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: October 27, 2023, Case #: S-22-719, Categories: juvenile Law, murder, sentencing
J. Smith finds that the trial court properly sentenced defendant to two consecutive life sentences for two murders he committed as a juvenile. Defendant is eligible for parole after 25 years, which constitutes a "meaningful opportunity" to be considered for release during his natural life. Affirmed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: September 15, 2023, Case #: 2D22-866, Categories: juvenile Law, murder, sentencing
J. Minor finds that the lower court properly resentenced defendant to life imprisonment without parole following a capital murder conviction. Defendant, who was under the age of 18 at the time of the crime, fails to show that the lower court abused its discretion in assessing his statements of remorse. He is also due no relief as to the victim-impact evidence or his argument that the sentence is "unconstitutionally disproportionate." Additionally, the sentence of life imprisonment without parole is not "disproportionate when compared to other cases." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: August 18, 2023, Case #: CR-20-0654, Categories: juvenile Law, murder, sentencing
J. Mikva finds the sentencing court improperly sentenced defendant to 100 years in prison for a murder committed when he was 16 years old. After the United States Supreme Court held that mandatory life sentences without parole for juvenile offenders violate the eighth amendment, the case was remanded, and the same de facto life sentence of 100-years was imposed. The judge was predisposed on remand to impose the same sentence, failing to give fair consideration to youth-based sentencing factors or to the full range of sentences now available under the new sentencing scheme for juveniles. Reversed and remanded with directions.
Court: Illinois Appellate Court, Judge: Mikva , Filed On: June 30, 2023, Case #: 1-22-0035, Categories: juvenile Law, murder, sentencing
J. Pucinski affirms a lower-court ruling denying defendant’s third request to challenge the constitutionality of his prison sentence, based on youth and background. It is true that the 56-year sentence the defendant received for a murder and home invasion he committed at age 22 was effectively a life sentence. However, based on the current legal landscape and relevant facts of the case, the trial court properly denied the defendant’s petition.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: June 5, 2023, Case #: 1211405-U, Categories: juvenile Law, murder, sentencing