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· 4/10/2017

In Re: S.P. and D.C.

How courts have described this case

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

  • recognizing that when a defendant is resentenced pursuant to Montgomery the defendant is entitled to credit for time served
  • finding that “a sentence with a term of years minimum and a maximum sentence of life does not violate Miller’s individualized sentencing requirement . . .”
  • maintaining that a maximum term of life imprisonment for pre-Miller juveniles is statutorily required under Batts I and Batts II and that reliance on Songster v. Beard, 201 F.Supp.3d 639 (E.D. Pa. 2016
  • holding a sentence with a term of years minimum and maximum sentence of life does not violate Miller's individualized sentencing requirement, because it properly leaves ultimate decision of when -9- J-S29010-21 the defendant will be released to the parole board
  • finding sentencing court statutorily required to sentence juvenile defendant convicted of first-degree murder, prior to Miller, to maximum term of life imprisonment
  • affirming resentencing pursuant to Miller of two concurrent terms of 35 years to life imprisonment for defendant who committed crime at the age of 15

Source: CourtListener parenthetical corpus (CC0).

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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.