More Miller v Alabama Fallout

28 05 2017

Norfolk, Virginia

Lee Boyd Malvo was not yet 18 years old when he and his “playdaddy” used DMV commuters for target practice.

It didn’t occur to me that Miller v Alabama would affect this case.   But now, it has.

However, I think that some level of the Federal judiciary will wind up reaffirming the life sentence, mainly based on the heinousness of the crimes and the constant state of fear that DMV drivers had while the snipings were happening.




One response

29 05 2017

Applying Miller, the state courts are going to have to resentance, the Federal District Court is applying fairly well settled law on that front.

Where it’s going to be messy, and I don’t know the 4th circuit on this, is when he appeals both his Maryland and Virginia effective life sentences, since they arnt taking a holistic view of rehabilitation or something to that effect.

I actually blame W in a round-about way for this. He was so big on using the 4th circuit to uphold Detainee policy, that when Luttig realized he had been played for a fool by DOJ and W, his resignation, and the dem filibuster*, turned that circut from solid (sane) Red to Blue.

* As much as I hate to write this, they were right to filibuster on some of those. Haynes, Conrad, Allen (!), etc.

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