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Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences
Loaded on May 15, 2024
by Douglas Ankney
published in Criminal Legal News
May, 2024, page 42
Filed under:
Life without Parole (LWOP),
Juveniles,
Juvenile Offenses/Offenders.
Location:
Massachusetts.
by Douglas Ankney
The Supreme Judicial Court of Massachusetts extended the holding of Diatchenko v. District Attorney for the Suffolk Dist., 1 N.E.3d 270 (Mass. 2013) (sentence of life without parole for first-degree murder committed when defendant was under 18 years of age is unconstitutional), to defendants who are “emerging ...
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More from this issue:
- Stinging Back: Resisting Government Surveillance of Cellphones, by Anthony Accurso
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, by Douglas Ankney
- Cellular Roaming’s Inadequate Security, by Michael Thompson
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., by Anthony Accurso
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, by Jo Ellen Nott
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, by Douglas Ankney
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, by Matthew Clarke
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, by Sam Rutherford
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, by Richard Resch
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, by Jo Ellen Nott
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, by David Reutter
- De-Identified Is Not Anonymous, by Michael Thompson
- The Police Have a Dark Money Slush Fund, by Katya Schwenk
- Police Body Cameras, A Decade Later, by Anthony Accurso
- Criminal Justice Reform Becoming a Corporate Priority, by David Reutter
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, by Douglas Ankney
- More Facial Recognition Failures, by Michael Thompson
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, by Douglas Ankney
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, by Douglas Ankney
- Use of Solitary Confinement on the Rise in ICE Facilities, by Anthony Accurso
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, by Douglas Ankney
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- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
- The Death of the Savings Clause, by Dale Chappell
- First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, by Sam Rutherford
- Facial Recognition’s Distorted View, by Michael Thompson
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, by Douglas Ankney
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, by Douglas Ankney
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More from Douglas Ankney:
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- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, July 1, 2024
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024
- California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024
- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
- Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
- Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’, June 15, 2024
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024
More from these topics:
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- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024. Contractor Misconduct, DOC/BOP misconduct, Open Meetings, Public Records, Public Records Act, halfway houses, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- With Push to Empty North Carolina’s Death Row Comes Another to End Life Without Parole, April 1, 2024. Life without Parole (LWOP), Death Penalty/Death Row.
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, Feb. 15, 2024. Juvenile Offenses/Offenders, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, Dec. 15, 2023. Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of.
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- From the Sad but True Files: Police Oppose Laws Prohibiting Cops From Lying to Juveniles During Interrogations, Sept. 1, 2023. Police, False Statements/Perjury, Police Interrogations, Juvenile Offenses/Offenders.
- Texas Ships its Most Troubled Youth to Adult Prisons, June 27, 2023. Suicides, Failure to Protect (Juveniles), Juvenile Offenses/Offenders.
- Minnesota Abolishes Life Without Parole for Juveniles, June 15, 2023. U.S. Sentencing Guidelines, Juveniles.
- Migrant Child Dies in Customs and Border Patrol Custody Nine Days after Entering U.S., June 7, 2023. Medical Neglect/Malpractice, Mail/Packages, Juvenile Offenses/Offenders.