Tag Archives: Parole

Criminal Practice – Constitutional – Cruel & Unusual Punishment – LWOP – Juvenile Offender – Attorneys – Ineffective Assistance Claims (access required)

State v. Pemberton Since defendant was under 18 when he committed the murder, and since he was convicted of first-degree murder solely on the basis of the felony murder rule, he must be resentenced to life with parole. We vacate the sentence of life without the possibility of parole and remand for entry of a sentence of life with parole. We reject one of defendant’s claims of ineffective assistance of counsel and dismiss the other without prejudice.

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Criminal Practice – Sentencing – Parole – Violent Offenders – Constitutional – Due Process & Ex Post Facto Claims – Rehearing Denied (access required)

Burnette v. Fahey The 4th Circuit denies rehearing and rehearing en banc in this case in which a split panel held that plaintiff Virginia inmates did not state due process and ex post facto claims against defendant members of the Virginia parole board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses.

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