Second victory for juveniles with LWOP sentences today

25 Oct

Share This:

And another thing. 2nd Dist. COA also held today that when a trial court is going to hold a post-Graham hearing on whether LWOP is appropriate for a juvenile convicted of homicide, they have to make specific findings about “whether the juvenile offender’s crime reflects permanent incorrigibility arising from irreparable corruption.”  That language comes from the Supreme Court case Montgomery.  In this case, which was pre-Montgomery, the trial court focused on the nature of the crime and not the prospects for rehabilitation. Because the court never really applied the appropriate factors, the remedy was remand for resentencing.

No comments yet

Leave a Reply