People v. Terry

1 Citing case

  1. State v. Booker

    656 S.W.3d 49 (Tenn. 2022)   Cited 22 times
    In Booker, the Tennessee Supreme Court relied upon Miller v. Alabama, 567 U.S. 460 (2012) and Montgomery v. Louisiana, 577 U.S. 190 (2016) to “hold that an automatic life sentence when imposed on a juvenile homicide offender with no consideration of the juvenile's age or other circumstances violates the prohibition against cruel and unusual punishment under the Eighth Amendment to the United States Constitution.” 656 S.W.3d at 52.

    However, Jones has left some state court decisions now in question. See People v. Dorsey, 451 Ill.Dec. 258, 183 N.E.3d 715, 727 (Ill. 2021) (determining that Illinois Supreme Court precedent, which held the protections of Miller and Montgomery apply equally to mandatory and discretionary life-without-parole sentences is "questionable in light of Jones," but that, overall, Jones approves of the state's discretionary sentencing scheme at issue in that case); People v. Ruiz, No. 1-18-2401, 459 Ill.Dec. 72, 88-89 197 N.E.3d 726,742-43 (Ill. App. Ct. May 25, 2021) (concluding that the Illinois Supreme Court can require more fact finding procedures under Miller than those stated in Jones ); People v. Terry, No. 1-18-2084, 2021 WL 2290798, at *4 (Ill. App. Ct. May 28, 2021) (stating that the impact of Jones is "unclear" on Illinois Supreme Court precedent). This remedy leaves the General Assembly free, in its discretion, to enact a new sentencing statute for juvenile offenders convicted of first-degree murder with no aggravating factors, consistent with the national consensus.