No. 20-7338

Foster Lee Tarver v. Josh Shapiro, Attorney General of Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2021-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process eighth-amendment equal-protection ex-post-facto fourteenth-amendment judicial-abuse-of-discretion juvenile-sentencing miller-v-alabama statutory-construction
Key Terms:
DueProcess Securities
Latest Conference: 2021-04-30
Question Presented (AI Summary)

Whether the Third Circuit Court of Appeals erred in upholding the illegal mandatory maximum life sentence imposed upon the Petitioner

Question Presented (OCR Extract)

QUESTION’PRESENTED 5 “. .» ~ Whether the Third.Circuit Court of illegal .“mandatory maximum life sentence.imposed upon the-Petitioner by the arbitrary 9 -<""application of an invalid state statute held in Miller vy. Alabama, 567 U.S.460,. 132 S.Ct. 2455 (2012) to have violated 8 and 14" Amendments Rights of , juveniles like himself convicted of first degree murder'then who was mandatory © | oo sentenced to life, has denied him due process to equal protection of statutory: construction by judicial abuse-of discretion or Ex Post Facto Clause violations? =. oe o! Opinions below ga dagl esta de ae oe Jurisdiction ; cad a © Statutory Provision Involved 3 : Reasons for Granting the petition 6 , Conclusion 6 _

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-02
Waiver of right of respondent Josh Shapiro, Attorney General of Pennsylvania, et al. to respond filed.
2021-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2021)

Attorneys

Foster Lee Tarver
Foster Lee Tarver — Petitioner
Foster Lee Tarver — Petitioner
Josh Shapiro, Attorney General of Pennsylvania, et al.
Ryan H. LysaghtDauphin County District Attorney's Office, Respondent
Ryan H. LysaghtDauphin County District Attorney's Office, Respondent