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· 6/5/2024

HSBC Bank USA, N.A. v. Badalamenti

Citations

  • 2024 NY Slip Op 03034

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Governor’s commuted sentence amounts to mandatory life without parole and was unconstitutional under Miller
  • holding that Miller v. Alabama would apply retroactively to cases on direct and collateral review
  • holding that for all practical purposes, the same motivation in Miller applies to the commuted sentence since it is the practical equivalent to life without parole
  • holding under the Eighth Amendment and Iowa Constitution that “Miller applies to sentences that are the functional equivalent of life without parole”
  • holding under the Eighth Amendment and Iowa Constitution that “Miller applies to sentences that are the functional equivalent of life without parole”
  • holding under the Eighth Amendment and Iowa state constitution that “Miller applies to sentences that are the functional equivalent of life without parole”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.