Thursday, March 05, 2015

Fourth Circuit: Shermaine Johnson v. Henry Ponton

Habeas challenge to life without parole sentence is justicable, even where a "three strikes" law would likely result in the same sentence anyway.

Scotus holding barring life without parole sentences for defts who were juveniles at the time of the offense is not retroactive to challenges on collateral review.

Application of the rule to a companion case is not an express statement that the rule is retroactive.

As Scotus holding was not a categorical bar, the ruling was procedural, not watershed.  (Teague)

Shermaine Johnson v. Henry Ponton
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.