Punishment HabeasCorpus JusticiabilityDoctri
Whether Illinois has misused the broad discretion allowed the states
QUESTIONS PRESENTED FOR REVIEW Whether Illinois has misused the broad discretion allowed the states by endorsing a deferential, exclusive “backwards-looking” examination of the “cold record” to determine compliance with Miller v. Alabama, 132 S. Ct. 2455 (2012), where the juvenile was sentenced to life imprisonment without the possibility of parole (LWOP) long before Miller was decided. People v. Croft, 2018 IL App (1st) 150048, (23, citing People v. Holman, 2017 IL 120655, 447. Consequently, the following questions arise from I]linois’ sentencing framework: I Whether, before sentencing a juvenile to life without the possibility of parole, must the sentencer find that the juvenile is irreparably corrupt. Il. Whether, in light of the split of authority among the states, Miller compliance requires, before the imposition of LWOP that the juvenile defendant be entitled to an opportunity to present evidence that he or she is not irreparably corrupt. i