×
You've used up your 3 free articles for this month. Subscribe today.
Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction
Loaded on Dec. 1, 2021
by Douglas Ankney
published in Prison Legal News
December, 2021, page 42
Filed under:
U.S. Sentencing Guidelines,
Juvenile Offenses/Offenders,
Probation, Parole & Supervised Release.
Location:
Pennsylvania.
by Douglas Ankney
The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life prisoner predicated on the LWOP.
In 1970, James Henry Cobbs was 17 years old when ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Environmental Indifference, by Anthony Moffa
- From the Editor, by Paul Wright
- $15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud, by Chuck Sharman
- Report Highlights Force Feeding of Hunger Striking Asylum Seekers by ICE and GEO, by Edward Lyon
- Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, by Keith Sanders
- Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington
- How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator, by Eli Hager
- BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations, by Dale Chappell
- $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, by David Reutter
- Disenfranchisement the Old Fashioned Way, by Jayson Hawkins
- Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data, by Kevin Dayton
- HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices
- Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, by David Reutter
- Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare, by Lauren Gill
- Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, by David Reutter
- Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, by Douglas Ankney
- Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony, by Douglas Ankney
- Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable, by Casey Bastian
- California Supreme Court: Prisoners Cannot Legally Possess Cannabis, by Casey Bastian
- Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences
- History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present, by Keith Sanders
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
- Unreliable Drug Tests Standard for Law Enforcement and Prisons, by Keith Sanders
- Massachusetts Prisons Pledge to End Solitary, by Jayson Hawkins
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
- $405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate
- Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law
- Texas County Jail Cited for Neglecting the Needs of a Pregnant Prisoner, by Keith Sanders
- $170,000 Settlement and New Policy on Gender Identity from Lawsuit Against New Jersey DOC, by Jayson Hawkins
- Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants
- Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy, by Chuck Sharman
- New Jersey Women’s Prison to Close After Latest Abuse Debacle, by Jayson Hawkins
- Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies, by Matthew Clarke
- ABA’s Private Prisons Prophecy Comes to Pass, by Edward Lyon
- Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”, by David Reutter
- Seven Ohio Guards Fired After Killing Prisoner, No Criminal Charges
- Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense, by David Reutter
- Delaware Mother Jailed for Not Paying $177 in Fines, Dies in Custody, Nurse Convicted, by Jayson Hawkins
- Forty-One Oregon Prisoner Firefighters have Sentences Commuted
- News in Brief
More from Douglas Ankney:
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
More from these topics:
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024. Life without Parole (LWOP), Juveniles, Juvenile Offenses/Offenders.
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024. Crime, Statistics/Trends, First Step Act, Probation, Parole & Supervised Release, Revocation Proceedings.
- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024. Contractor Misconduct, DOC/BOP misconduct, Open Meetings, Public Records, Public Records Act, halfway houses, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, April 15, 2024. Sentinel, Contractor Misconduct, Reviews, Statistics/Trends, Cost of Prison Systems, Electronic Monitoring, Probation, Parole & Supervised Release.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- Parole and Probation Accused of Driving Prison Growth, April 1, 2024. Commentary/Reviews, Statistics/Trends, Probation, Parole & Supervised Release, Conditions of.
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.