State v. McCleese

Supreme Court of Connecticut

State v. McCleese

Opinion

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PALMER, J., concurring. I agree with and therefore join the majority opinion. I write separately only to note that, as I read the opinion of the dissenting justice, that opinion seems to be predicated on principles of fundamental fairness. These principles are violated, the dissenting justice suggests, when a juvenile is sentenced to life in prison or its functional equivalent—even if the juvenile is later afforded the opportunity for parole in satisfaction of the requirements of the eighth amend- ment—if the sentencing judge did not expressly con- sider the mitigating factors of youth. Those principles, however, are not so much rooted in the eighth amend- ment but, rather, in the due process clauses of the federal and state constitutions. Because the defendant, William McCleese, has not raised any such due process claim, we must await another day to address it.

Reference

Status
Published