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Echoes from the past: The DC Sniper goes to the Supreme Court

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  • Echoes from the past: The DC Sniper goes to the Supreme Court

    Supreme Court To Take Up D.C. Sniper Case, Raising Issue Of Sentencing Minors

    Of interest? The 17 year old convicted as one of the DC snipers, Lee Boyd Malvo is appealing his life sentence to the Supreme Court. The link above goes a 2012 piece from NPR that describes the after effects of the attempted murder of a restaurant owner by Lee Boyd Malvo, who fired five shots into the man's car before stealing 3500 dollars and a laptop.

    Here is the relevant chain of events from Wikipedia's page on Lee Boyd Malvo, emphasis mine:

    On May 26, 2017, a federal district court judge in Virginia overturned Malvo's sentences of life without parole on the grounds that it was unconstitutional under Miller v. Alabama because Malvo was 17 years old at the time of the killings. However, on August 16, 2017, Montgomery County, Maryland Circuit Court Judge Robert Greenberg decided that the Virginia federal court ruling did not apply to the Maryland cases since the sentences were not mandatory in the state of Maryland. Greenberg wrote, "The six consecutive life-without-parole sentences were imposed after a full consideration of Defendant's physical, mental, and emotional state". He went on to state that the judge who imposed the original sentence "considered all relevant factors at play and the plain import of his words at the time was that Defendant is 'irreparably corrupted.'"

    On June 21, 2018, the United States Court of Appeals for the Fourth Circuit unanimously upheld a lower court's decision that Malvo's sentences of life without parole were unconstitutional. Judge [Paul V. Niemeyer] wrote in the decision that "Malvo was 17 years old when he committed the murders, and he now has the retroactive benefit of new constitutional rules that treat juveniles differently for sentencing." A spokesperson for Virginia Attorney General Mark Herring stated the office is considering asking for a full 4th Circuit rehearing, or appealing to the Supreme Court of the United States to hear the case.

    On June 29, 2018, Virginia Attorney General Mark Herring said in a statement that his office was seeking to have the Supreme Court of the United States review the case. On March 18, 2019, the Supreme Court granted certiorari, and will likely hear the case during its fall term.
    Several articles note that if Malvo ever is released, he still faces trial in several states for murders that he and John Allen Muhammad committed on the way to D.C..

    So which way do you think the Supremes will fall on this?

    fwiw,
    guac.
    "Down in the lowlands, where the water is deep,
    Hear my cry, hear my shout,
    Save me, save me"

  • #2
    The first to state his case seems right until another comes and cross-examines him.

    Comment


    • #3
      I agree. He should not get life. He should get death.


      Comment


      • #4
        I am old enough to remember the absolute fear of even driving on the interstate while these 2 asshats were loose. He deserves a firing squad. Nothing less.
        That's what
        - She

        Without a clear-cut definition of sin, morality becomes a mere argument over the best way to train animals
        - Manya the Holy Szin (The Quintara Marathon)

        I may not be as old as dirt, but me and dirt are starting to have an awful lot in common
        - Stephen R. Donaldson

        Comment


        • #5
          Originally posted by Bill the Cat View Post
          I am old enough to remember the absolute fear of even driving on the interstate while these 2 asshats were loose. He deserves a firing squad. Nothing less.
          Way back when I attended the school where he shot the 13 year old in the chest

          I'm always still in trouble again

          "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
          "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
          "Of course, human life begins at fertilization that’s not the argument." --Tassman

          Comment


          • #6
            Normally I am against the death penalty. I think for some people it is better for them to suffer a lifetime in prison, plus there is always the chance they convicted the wrong person. But in this case there is no chance of that and his crimes were heinous and he fully knew what he was doing. 17 is old enough to know. He wasn't insane. He was just evil. So I have no problem if they were to give him the death penalty. But life in prison without parole is the least he should be serving. Even if they just give him less than life for each murder, he should have to serve them consecutively.

            Comment


            • #7
              Originally posted by Bill the Cat View Post
              I am old enough to remember the absolute fear of even driving on the interstate while these 2 asshats were loose. He deserves a firing squad. Nothing less.
              I could go maybe for a hanging.
              "Down in the lowlands, where the water is deep,
              Hear my cry, hear my shout,
              Save me, save me"

              Comment


              • #8
                Originally posted by Sparko View Post
                He was just evil.
                They wanted to set up a terrorist camp in Canada to train young boys to commit mass shootings.
                "Down in the lowlands, where the water is deep,
                Hear my cry, hear my shout,
                Save me, save me"

                Comment


                • #9
                  I predict 5-4 against Malvo.
                  "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

                  Comment


                  • #10
                    Originally posted by KingsGambit View Post
                    I predict 5-4 against Malvo.
                    I agree, considering the SCOTUS track record...
                    Watch your links! http://www.theologyweb.com/campus/fa...corumetiquette

                    Comment


                    • #11
                      Originally posted by DesertBerean View Post
                      I agree, considering the SCOTUS track record...
                      My thinking is that on recent death penalty cases, the liberal wing has shown a willingness to consider precedent set by other countries. Even though this isn't a death penalty case, other countries are moving away from life imprisonment, especially for juveniles. So I'd be surprised if he didn't get at least 4 votes.
                      "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

                      Comment


                      • #12
                        Originally posted by KingsGambit View Post
                        My thinking is that on recent death penalty cases, the liberal wing has shown a willingness to consider precedent set by other countries. Even though this isn't a death penalty case, other countries are moving away from life imprisonment, especially for juveniles. So I'd be surprised if he didn't get at least 4 votes.
                        Good point.
                        Watch your links! http://www.theologyweb.com/campus/fa...corumetiquette

                        Comment


                        • #13
                          And yet liberals are now pushing to allow 16 year olds the right to vote

                          I'm always still in trouble again

                          "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                          "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
                          "Of course, human life begins at fertilization that’s not the argument." --Tassman

                          Comment


                          • #14
                            Originally posted by KingsGambit View Post
                            I predict 5-4 against Malvo.
                            I'm less sure of that after reading through the opinions in Miller v. Alabama. Miller v. Alabama was quite explicit about only striking down laws that require a judge to sentence a minor to life imprisonment and making no judgment concerning the constitutionality of such imprisonments in general. Granted, the fact it did not make a judgment means that it could decide to make that judgment now and rule that life imprisonment without parole possibility can't ever be done to a minor. However, Breyer's concurring opinion (joined by Sotomayor) indicates otherwise, in which he argues that "The only juveniles who may constitutionally be sentenced to life without parole are those convicted of homicide offenses who “kill or intend to kill.”" That unquestionably applies to Malvo's situation. While there is the possibility that Breyer and/or Sotomayor could have changed their minds on that in the intervening 7 years, or differentiate this case in some way, this is a strong indicator to me that they would not see the sentence as unconstitutional.

                            But I guess we'll find out in a year or so...

                            Comment

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