minimum sentence taking factors (Pennsylvania) · Go Syfert
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minimum sentence taking factors in Pennsylvania

6 Pennsylvania opinions name it 1 courts 2016–2017 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Montgomery v. Louisianagreen
· 2016 · cited in 4 Pennsylvania opinions naming this issue, 2016–2016
2 sentences

2016Id. at 297 . “[T]he imposition of a minimum sentence taking such factors into account is the most appropriate remedy for the federal constitutional violation that occurred when a life-without-parole sentence was mandatorily applied to [the a]ppellant.” Id.; see also Montgomery, 136 S. Ct. at 736 (stating that “[a]llowing those offenders to be considered for parole ensures that juveniles whose crimes reflected only transient immaturity— and who have since matured—will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment.”) (emphasis added). -4- J-S11043-15 Jud

2016Id. at 297 . “[T]he imposition of a minimum sentence taking such factors into account is the most appropriate remedy for the federal constitutional violation that occurred when a life-without-parole sentence was mandatorily applied to [an a]ppellant.” Id.; see also Montgomery, 136 S. Ct. at 736 (stating that “[a]llowing those offenders to be considered for parole ensures that juveniles whose crimes reflected only transient immaturity— and who have since matured—will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment.”) (emphasis added). -5- J-S11040-15 Base

44
Commonwealth v. Battsgreen
pasuperct · 2015 · cited in 2 Pennsylvania opinions naming this issue, 2016–2017
2 sentences

2017Batts II, supra at 297 (first brackets in original).

2016Batts II, supra at 297 (first brackets in original).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Batts green
pa · 2013
2 sentences

2016Id. at 297 . “[T]he imposition of a minimum sentence taking such factors into account is the most appropriate remedy for the federal constitutional violation that occurred when a life-without-parole sentence was mandatorily applied to [the a]ppellant.” Id.; see also Montgomery, 136 S. Ct. at 736 (stating that “[a]llowing those offenders to be considered for parole ensures that juveniles whose crimes reflected only transient immaturity— and who have since matured—will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment.”) (emphasis added). -4- J-S11043-15 Jud

2016Id. at 297 . “[T]he imposition of a minimum sentence taking such factors into account is the most appropriate remedy for the federal constitutional violation that occurred when a life-without-parole sentence was mandatorily applied to [an a]ppellant.” Id.; see also Montgomery, 136 S. Ct. at 736 (stating that “[a]llowing those offenders to be considered for parole ensures that juveniles whose crimes reflected only transient immaturity— and who have since matured—will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment.”) (emphasis added). -5- J-S11040-15 Base

32016–2016

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