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Maryland court rules DC area sniper sentenced to second sentence

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Annapolis, Md. — Maryland’s Supreme Court ruled in a U.S. lawsuit related to constitutional protections for juveniles after Washington, D.C.-area sniper Lee Boyd Malvo was sentenced to six years in prison without the possibility of parole. A retrial must be ordered because of the Supreme Court’s decision.

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However, the Maryland Court of Appeals ruled 4-3 that Malvo is highly unlikely to be released from custody as he is serving another life sentence for murder in Virginia. rice field.

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Justice Robert McDonald said in the majority opinion released on Friday, “As a matter of fact, this could be an academic issue in Mr. Malvo’s case because he is a serial I need to be granted parole in Virginia before my life sentence begins.” .

McDonald writes that it is not the Court of Appeals’ responsibility to ultimately determine whether Malvo is properly sentenced or whether he should be released from sentencing in Maryland.

“We accept only that the Eighth Amendment requires him to undergo a new sentencing hearing. Above, we can consider whether he is eligible for life in prison without parole.Decision,” McDonald wrote.

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Malvo, 37, is currently being held at Red Onion State Penitentiary in Virginia.

Malvo and his mentor, John Allen Muhammad, spent three weeks in 2002 in Virginia, Maryland, and Washington shooting people as they filled up with gas, loaded their cars, and went about their daily business. I was. Malvo was 17 at the time. Muhammad was 41 years old.

Muhammad was sentenced to death and executed in Virginia in 2009.

In Maryland, Malvo volunteered to testify against Muhammad. In 2006, Malvo pleaded guilty to six counts of first-degree murder in Montgomery County, just outside the capital.

In a ruling that year, prosecutors said Malvo was once under the control of “bad guys,” according to an appeals court ruling, but had changed and “grown a lot” since joining the crime.

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The ruling said Malvo’s ruling was “consistent with relevant state law and state sentencing guidelines at the time.”

“But since then, the Supreme Court has ruled that if the sentencing court finds the offender’s crime to be the result of temporary immaturity, rather than permanent incompetence, it will be amended. “Article 8 does not allow life imprisonment without parole for juvenile murderers,” the judge said.

The ruling also noted that the Supreme Court had ruled that the legal restrictions applied retroactively and applied to Malvo’s case.

Justices Jonathan Bilan, Brynja Booth, and Joseph Getty joined McDonald’s in the majority. Justices Shirley Watts, Michele Hotten and Stephen Gould dissented.

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Watts writes that the sentencing court took Malvo’s juvenile status into account.

“The record shows that Mr. Malvo underwent an individual sentencing process that took into account his youth and attendant characteristics, and that the circuit court had the discretion to impose a lesser amount of sentence. was aware of,” Watts writes.

Hotten wrote that even if remediability was found, “it did not consider petitioner’s ruling to be unconstitutional when applied.”

“Rather, the proportionality of petitioner’s sentencing must be weighed against the gravity of his crimes,” writes Hotten. The heavy penalties imposed were not grossly disproportionate.”

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Maryland court rules DC area sniper sentenced to second sentence

Source link Maryland court rules DC area sniper sentenced to second sentence

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