· 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).
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.