Lee Boyd Malvo to have Supreme Court hearing

Lee Boyd Malvo to have Supreme Court hearing

Malvo was sentenced to life-without-parole terms in Virginia and in Maryland.

U.S. Supreme Court justices on Monday wrestled for the second time over whether Republican legislators in Virginia drew electoral districts in the state in a way that unlawfully diluted the clout of black voters.

A 2018 lower court ruling found Virginia's House map unconstitutional, and in February, the lower court implemented a new map drawn by a California scholar.

The judges said, "Malvo was 17 years old when he committed the murders, and he now has the retroactive benefit of new constitutional rules that treat juveniles differently for sentencing". Muhammad was executed in 2009 and Malvo is serving six consecutive life sentences.

Last year, the Court of Appeals for the 4th Circuit ruled that a resentencing would decide whether Malvo qualifies as an underage offender who can be sentenced to life without the possibility of parole because his "crimes reflect permanent incorrigibility". He isn't now getting a new sentencing hearing in Maryland, where he struck a plea deal and was sentenced to six life-without-parole prison terms for shootings that took place in that state.

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The American Civil Liberties Union, which had represented the migrants challenging their detention, criticized the court's decision.

Malvo was brought illegally into the United States by Muhammad, who was 25 years his senior, and who masterminded the attacks. They said if his crimes instead "reflect the transient immaturity of youth", he is entitled to a sentence short of life without parole. As is typical, the justices did not make any comment in agreeing to hear the case, which likely will be heard in the fall. That sentence was upheld in 2017 and is pending at the state Supreme Court.

The random shootings terrorized the Washington, D.C., area in September and October 2002 and killed 10 people. It's possible, though, that would come too late for the next state election on November 5, when all seats in Virginia's House of Delegates and Senate are up for grabs. These immigrants potentially could argue that the use of the 1996 federal law involved in the case, the Illegal Immigration Reform and Immigrant Responsibility Act, against them long after finishing their sentences would violate their due process rights under the U.S. Constitution.

In the case before the justices, a group of mostly green card holders argued that unless they were picked up immediately after finishing their prison sentence, they should get a hearing to argue for their release while deportation proceedings go forward. The inmate has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother, but the jury was not allowed to consider evidence that he was criminally insane at the time of the killings.

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