Petition of the day

Petition of the dayThe petition of the day is: Jones v. Virginia 16-1337 Issues: (1) Whether Virginia may refuse to give effect to Miller v. Alabama in state collateral review proceedings because, according to the Virginia Supreme Court, a sentence imposed in violation of the U.S. Constitution is not void but merely “voidable”; (2) whether the Virginia Supreme Court […]

The post Petition of the day appeared first on SCOTUSblog.

Petition of the day

The petition of the day is:

16-1337

Issues: (1) Whether Virginia may refuse to give effect to Miller v. Alabama in state collateral review proceedings because, according to the Virginia Supreme Court, a sentence imposed in violation of the U.S. Constitution is not void but merely “voidable”; (2) whether the Virginia Supreme Court contradicted Miller and Montgomery v. Louisiana by holding that, before imposing a sentence of life without parole, a sentencer need not actually consider a juvenile offender’s youth and attendant characteristics so long as the sentencer had the opportunity to do so; and (3) whether Virginia may, consistent with the Eighth Amendment, limit the remedy for a sentence imposed in violation of Miller.

The post Petition of the day appeared first on SCOTUSblog.

from http://www.scotusblog.com