· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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