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The Supreme Court agreed on Monday to consider Virginia's appeal to reinstate life without parole for one of the convicted "Beltway" snipers who terrorized the Washington, DC area in 2002 .
The judges announced on Monday that they would appeal the state in the Lee Boyd Malvo case, after a Virginia court of appeal decided last year to dismiss him because of later decisions of the court. Supreme Court amending the rules applicable to juvenile offenders.
THE LIFE PENALTY OF SNIPER LIFE OF LEE BOYD MALVO IS SPILLED
Malvo, who was 17 when John Allen Muhammed and himself shot and killed 10 people during a three-week period in Maryland, Virginia and Washington more than ten years ago, was sentenced to life imprisonment without parole in the three states. Muhammad was sentenced to death and executed in 2009.
DOSSIER – In this archival photo of 20 October 2003, Lee Boyd Malvo listened to court proceedings during the trial of his sniper co-suspect, John Allen Muhammad, in Virginia Beach, Virginia. (AP Photo / Martin Smith-Rodden, Pool, File)
But the US Court of Appeals of the Fourth Circuit ruled last year that while Malvo's liferless life sentences were legal by the time they were imposed, the Supreme Court's decisions later changed the requirements. in the field of juvenile punishment. The judges said that the calculation of the sentence would determine whether Malvo is considered "one of the few juvenile offenders" who can be sentenced to life imprisonment without the possibility of parole because his "crimes reflect an incorrigibility permed". They added that if his crimes "reflected the transitional immaturity of a young person", he would be entitled to a life sentence without the possibility of parole.
MARYLAND J. REJECTS DC SNIPER MALVO'S PROPOSAL FOR A NEW SENTENCE
The decision in the Supreme Court case ruled that juveniles are constitutionally different from adults for the purpose of sentencing "because juveniles have reduced guilt and greater prospects for reform", which makes them "less worthy of the most severe penalties".
The Supreme Court agreed on Monday to hear Virginia's appeal and review the decision.
Malvo is currently serving his sentence at Red Onion State Prison in Pound, Virginia.
In Maryland, meanwhile, a federal judge ruled that Malvo would not be sentenced to a new sentence. He is serving six life sentences with no possibility of parole for murders in that state.
Bill Mears of Fox News and the Associated Press contributed to this report.
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