Judge overturns life sentences for D.C. sniper Lee Boyd Malvo

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  • IndyDave1776

    Grandmaster
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    Jan 12, 2012
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    So much making up "constitutional" as the judges go along, both this judge and the Supremes. I would emphasize that he has 2 life/no parole sentences, one of which he accepted voluntarily in a plea agreement.

    Violation of due process? It seems like he got plenty of due process. Any 17 year old is old enough to know that murder is wrong.
     

    oldpink

    Grandmaster
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    0   0   0
    Apr 7, 2009
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    Farmland
    If he gets released, it would be cosmic justice if someone with a scoped bolt-action took him out from 500 yards, turning his head into a cloud of pink mist.
     

    Kurr

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    May 18, 2011
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    Jefferson County
    If he took the plea deal to avoid the death penalty his partner got, and the life sentence is unconstitutional, what are the odds he gets re-sentenced and get the needle? or are 17 year olds exempt from both life and death sentences?

    And if the judge is apply the ruling retroactivly, how is this not a ex post facto?
     

    Fargo

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    Mar 11, 2009
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    In a state of acute Pork-i-docis
    If he took the plea deal to avoid the death penalty his partner got, and the life sentence is unconstitutional, what are the odds he gets re-sentenced and get the needle? or are 17 year olds exempt from both life and death sentences?

    And if the judge is apply the ruling retroactivly, how is this not a ex post facto?
    Ex post facto only applies against the state, not the defendant. The Supreme Court ruling held that nondiscretionary life sentences for juveniles were unconstitutional, therefore it also held that it would be retroactively applied as such sentences were unconstitutional at the time they were imposed.

    Virginia just need to hold new sentencing hearing that comply with the current caselaw. I don't necessarily agree that the current standard is constitutionally mandated, but that is where we are at these days.
     
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