April 21, 2017

Juvenile LWOP opinion filing Monday

On Monday morning, the Supreme Court will file its opinion in In re Kirchner, which was argued on the February calendar.  The case involves an issue of continuing interest to the Supreme Court — lengthy sentences for crimes committed by juveniles.

In Kirchner, the court is set to answer this question:  When a juvenile offender seeks relief from a life-without-parole sentence that has become final, does Penal Code section 1170, subdivision (d)(2), which permits most juvenile offenders to petition for recall of a life-without-parole sentence imposed pursuant to Penal Code section 190.5 after 15 years, provide an adequate remedy under Miller v. Alabama (2012) 567 U.S. ___ [132 S.Ct. 2455], as recently construed in Montgomery v. Louisiana (2016) 577 U.S. ___ [136 S.Ct. 718]?

The opinion can be viewed Monday starting at 10:00 a.m.

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