No. 25-6804

Robin O'Neill v. Jon Murad, Interim Commissioner, Vermont Department of Corrections

Lower Court: Second Circuit
Docketed: 2026-02-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-sentencing due-process habeas-corpus mandatory-life-sentence proportionality-review
Latest Conference: 2026-04-02
Question Presented (from Petition)

1. Does the mandatory life sentence of Vermont's aggravated murder statute, 13 V.S.A. 2311 (a)(3)(c), violate proportionality principles and due process under the federal and state constitutions, rendering Petitioner's sentence unconstitutional?

2. Did the court of appeals deny Ms. O'Neill's due process rights by granting a certificate of appealability on two issues of its own choosing, thereby predetermining its affirmation of the district court's dismissal of the habeas petition, overlooking all constitutional claims she raised?

3. Did the district court deny Petitioner due process by failing to follow 28 U.S.C. 2253(c)(2), in not performing an overview of the constitutional claims in the habeas petition and a general assessment of the merits?

Question Presented (AI Summary)

Whether Vermont's mandatory life sentence under the aggravated murder statute violates proportionality and due process principles, and whether the court of appeals and district court violated due process by failing to properly review constitutional claims in a habeas petition

Docket Entries

2026-04-06
Petition DENIED.
2026-03-18
DISTRIBUTED for Conference of 4/2/2026.
2026-03-12
Waiver of right of respondent Nicholas Demi to respond filed.
2026-02-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)

Attorneys

Nicholas Demi
Ryan Patrick KaneVermont Office of the Attorney General, Respondent
Robin O'Neill
Robin O'Neill — Petitioner