In a 5-4 decision, justices in the state Supreme Court say the court must first consider the age of those under 21 before sentencing to life without parole.
Washington Supreme Court overturns automatic life sentences for young killers kxly.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from kxly.com Daily Mail and Mail on Sunday newspapers.
The Washington state Supreme Court on Thursday overturned the automatic life-without-parole sentences given to two men for murders committed when they were 19 and 20, saying judges must consider the youth and brain development of such defendants in sentencing them.
Today, via a 5-4 ruling in
In re Pers. Restraint of Monschke and Bartholomew, No. 96772-5 (Wash. Mar. 11, 2021) (available here), the Supreme Court of Washington extended the reach of the US Supreme Court s
Miller ruling by declaring mandatory LWOP for those under 21 to be unconstitutional (pursuant to Washington s state constitutional prohibition of cruel punishment ). Here is how the majority opinion starts and ends:
Dwayne Earl Bartholomew and Kurtis William Monschke were each convicted of aggravated first degree murder and sentenced to life in prison without possibility of parole a mandatory, nondiscretionary sentence under Washington’s aggravated murder statute. RCW 10.95.030. Bartholomew was 20 years old; Monschke was 19. Many years after their convictions, each filed a personal restraint petition (PRP) asking us to consider whether article I, section 14 of our state constitution or the Eighth Amendment to the United States Constitution permits a mandatory lif
The state Supreme Court overturned the automatic life-without-parole sentences for two men convicted of murder saying they were too young for such sentences.