Petition of the day
on Jul 7, 2017 at 10:22 pm
The petition of the day is:
16-1337
Issues: (1) Whether Virginia may refuse to give effect to Miller v. Alabama in state collateral review proceedings because, according to the Virginia Supreme Court, a sentence imposed in violation of the U.S. Constitution is not void but merely “voidable”; (2) whether the Virginia Supreme Court contradicted Miller and Montgomery v. Louisiana by holding that, before imposing a sentence of life without parole, a sentencer need not actually consider a juvenile offender’s youth and attendant characteristics so long as the sentencer had the opportunity to do so; and (3) whether Virginia may, consistent with the Eighth Amendment, limit the remedy for a sentence imposed in violation of Miller.
