Post and Courier - South Carolina Sup. Ct. Orders Resentencings for Juvenile LWOP Sentences
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sh...@standdown.org
Nov 12, 2014, 1:58:59 PM11/12/14
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The ruling in Aikens, et al v. Byars is at:
http://www.sccourts.org/opinions/HTMLFiles/SC/27465.pdf
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Justice Hearn: In this case brought in our original jurisdiction, fifteen inmates who were sentenced to life without parole as juveniles petition this Court for resentencing in light of the United States Supreme Court's decision in Miller v. Alabama, 132 S. Ct. 2455 (2012). We hold their sentences violate the Eighth Amendment under Miller and the petitioners and those similarly situated are entitled to resentencing.
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http://www.postandcourier.com/article/20141112/PC16/141119788/1005/
Nov 12 2014 - 1:34 pm | The Post and Courier
South Carolina's high court orders new sentences for juveniles convicted of homicide
by John McDermott | @byjohnmcdermott
At least 15 felons facing mandatory life for homicides they committed in South Carolina as juveniles will be resentenced, the state Supreme Court ruled Wednesday.
The ruling cited the U.S. States Supreme Court's 2012 decision in Miller v. Alabama, which banned mandatory life sentences without parole in juvenile murder case and called them "cruel and unusual punishments" under the Eighth Amendment to the U.S. Constitution.
As to the South Carolina prisoners, the state's highest court said: "We hold their sentences violate the Eighth
Amendment under Miller and the petitioners and those similarly situated are entitled to resentencing."
The federal amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
All 15 appellants who brought the case either pleaded guilty or were convicted after a jury trial.
"All were sentenced to life without parole according to existing sentencing procedures, which made no distinction between defendants whose crimes were committed as an adult and those whose crimes were committed as a juvenile," according to the ruling.
Lawyers argued the case in January.
/ / / / /
Steve Hall
The StandDown Texas Project
PO Box 13475
Austin, TX 78711
512.879.1675 (o
512.627.3011 (m
shall78711 (Skype
sh...@standdown.org
www.StandDown.org
http://www.sccourts.org/opinions/HTMLFiles/SC/27465.pdf
- - -
Justice Hearn: In this case brought in our original jurisdiction, fifteen inmates who were sentenced to life without parole as juveniles petition this Court for resentencing in light of the United States Supreme Court's decision in Miller v. Alabama, 132 S. Ct. 2455 (2012). We hold their sentences violate the Eighth Amendment under Miller and the petitioners and those similarly situated are entitled to resentencing.
- - - - -
http://www.postandcourier.com/article/20141112/PC16/141119788/1005/
Nov 12 2014 - 1:34 pm | The Post and Courier
South Carolina's high court orders new sentences for juveniles convicted of homicide
by John McDermott | @byjohnmcdermott
At least 15 felons facing mandatory life for homicides they committed in South Carolina as juveniles will be resentenced, the state Supreme Court ruled Wednesday.
The ruling cited the U.S. States Supreme Court's 2012 decision in Miller v. Alabama, which banned mandatory life sentences without parole in juvenile murder case and called them "cruel and unusual punishments" under the Eighth Amendment to the U.S. Constitution.
As to the South Carolina prisoners, the state's highest court said: "We hold their sentences violate the Eighth
Amendment under Miller and the petitioners and those similarly situated are entitled to resentencing."
The federal amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
All 15 appellants who brought the case either pleaded guilty or were convicted after a jury trial.
"All were sentenced to life without parole according to existing sentencing procedures, which made no distinction between defendants whose crimes were committed as an adult and those whose crimes were committed as a juvenile," according to the ruling.
Lawyers argued the case in January.
/ / / / /
Steve Hall
The StandDown Texas Project
PO Box 13475
Austin, TX 78711
512.879.1675 (o
512.627.3011 (m
shall78711 (Skype
sh...@standdown.org
www.StandDown.org
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