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· 11/20/2019

POM of PA, LLC v. Dept. of Revenue & City of Philadelphia

How courts have described this case

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

  • holding that “permanent incorrigibility is not an eligibility criterion” for sentences of life without parole
  • recognizing that “[different] sen- tencers presented with the same facts might decide that life without parole remains appropriate despite the defendant’s youth”
  • holding that Miller does not require a specific finding of incorrigibility and lack of amenability to rehabilitation but states may continue to require such explicit findings
  • holding that before sentencing a juvenile homicide offender to life without parole, a sentencer must “consider an offender’s youth and attendant characteristics,” but need not make a specific finding regarding incorrigibility
  • holding that “permanent incorrigibility is not an eligibility criterion akin to sanity or a lack of intellectual disability,” and thus no separate factual finding is required before sentencing juvenile homicide offender to LWOP
  • holding that a juvenile homicide offender may be sentenced to life without parole so long as “the sentence is not mandatory and the sentencer . . . has discretion to impose a lesser punishment”

Source: CourtListener parenthetical corpus (CC0).

Judges: McCullough, J.

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.