The Supreme Court docket on Monday agreed to think about a Virginia enchantment to reinstate the life-without-parole sentence for one of many convicted ‘Beltway Snipers’ who terrorized the Washington, D.C., area in 2002.
The justices on Monday mentioned that they’d take up the state’s enchantment within the case of Lee Boyd Malvo, after a Virginia appeals court docket dominated final 12 months that he must be resentenced due to subsequent Supreme Court docket choices that altered the principles for juvenile offenders.
DC SNIPER LEE BOYD MALVO’S LIFE SENTENCE THROWN OUT
Malvo, who was 17 years previous when he and John Allen Muhammed shot and killed 10 individuals throughout a three-week interval in Maryland, Virginia and Washington greater than a decade in the past, was sentenced to life with out parole in all three states. Muhammad was sentenced to demise and executed in 2009.
However the U.S. Court docket of Appeals for the Fourth Circuit dominated final 12 months that whereas Malvo’s life-without-parole sentences have been authorized after they have been imposed, Supreme Court docket choices later modified sentencing necessities for juveniles. The judges mentioned a resentencing would decide whether or not Malvo qualifies as “one of many uncommon juvenile offenders” who will be sentenced to life with out the potential of parole as a result of his “crimes replicate everlasting incorrigibility.” They mentioned if his crimes as an alternative “replicate the transient immaturity of youth” he is entitled to a sentence wanting life with out parole.
MARYLAND JUDGE DENIES DC SNIPER MALVO’S BID FOR NEW SENTENCE
The choice within the Supreme Court docket case dominated juveniles are constitutionally totally different from adults for the needs of sentencing “as a result of juveniles have diminished culpability and better prospects for reform,” which makes them “much less deserving of essentially the most extreme punishments.”
The Supreme Court docket on Monday agreed to listen to Virginia’s enchantment, and overview the choice.
Malvo has been serving his sentences at Crimson Onion State Jail in Pound, Virginia.
In Maryland, in the meantime, a federal choose dominated that Malvo wouldn’t get a brand new sentence. He’s serving six life-without-parole jail phrases for the killings in that state.
Fox Information’ Invoice Mears and The Related Press contributed to this report.