This case will be argued on Wednesday, October 16. Notable as having emanated from the D.C. sniper case. Respondent Lee Boyd Malvo was the younger of the two D.C. snipers.
Docket for 18-217 (Supreme Court docket #18-217)
Issue : Whether the U.S. Court of Appeals for the 4th Circuit erred in concluding—in direct conflict with Virginia’s highest court and other courts—that a decision of the Supreme Court, Montgomery v. Louisiana , addressing whether a new constitutional rule announced in an earlier decision, Miller v. Alabama , applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question.
Basically, the 4th Circuit simply blew it and wrongly interpreted Miller v Alabama. Miller v. Alabama mandated that juveniles cannot be subject to a MANDATORY life sentence without parole. However, Malvo was not subject to such a mandatory sentence, rather the Judge had full discretion in sentencing him and opted to sentence him to life without parole.
The Supreme Court should reverse the 4th Circuit and restore Malvo’s original life sentence without parole.