Phon v. Commonwealth

Life without parole (LWOP) for juveniles does not always offend the federal or Kentucky Constitutions, so long as it comports with a discretionary scheme and the defendant has a meaningful opportunity for the jury to consider mitigating evidence.Appellant was under the age of eighteen when he participated in the murder of two people and the deadly assault of a twelve-year-old girl. The circuit court sentenced Appellant to LWOP. In this appeal from the denial of relief on Appellant’s third Ky. R. Criminal. P. 11.42 motion and his second Ky. R. Civ. P. 60.02 motion, the Supreme Court held (1) Appellant’s sentencing was constitutionally permissible; but (2) under this Court’s more recent rulings regarding penalties allowable under the juvenile code, Appellant’s sentence was statutorily prohibited. Consequently, the Court remanded this case for the trial court to impose the lawful sentence of LWOP for twenty-five years. View "Phon v. Commonwealth" on Justia Law