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Jones v. Virginia

Certiorari Denied

Petition for certiorari denied on October 2, 2017.

Docket No.16-1337
Op. BelowVa.

Issue

(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.

Proceedings & orders timeline

May 3, 2017
Petition for a writ of certiorari filed. (Response due June 5, 2017)
May 25, 2017
Waiver of right of respondent Virginia to respond filed.
Jun 6, 2017
DISTRIBUTED for Conference of June 22, 2017.
Jun 12, 2017
Response Requested. (Due July 12, 2017)
Jun 29, 2017
Order extending time to file response to petition to and including August 11, 2017.
Aug 10, 2017
Brief of respondent Virginia in opposition filed.
Aug 24, 2017
Reply of petitioner Donte L. Jones filed.
Aug 30, 2017
DISTRIBUTED for Conference of 9/25/2017.
Oct 2, 2017
Petition DENIED.

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