Petition of the day
on Jan 5, 2018 at 4:16 pm
The petition of the day is:
Issue: Whether the Eighth Amendment is satisfied when, in a non-mandatory sentencing regime, a juvenile convicted of murder had the opportunity to present evidence of “youth and its attendant characteristics,” and the sentencing court could and did consider youth, and subsequently made a retrospective finding in light of Miller v. Alabama, and Montgomery v. Louisiana, that the juvenile’s crime did not reflect “transient immaturity,” but was instead one of the “rare” cases justifying a fixed life sentence.