Opinion
07-10-2017
Heather Clark, assigned counsel, in support of the petition. Michele C. Lukban, senior assistant state's attorney, in opposition.
Heather Clark, assigned counsel, in support of the petition.
Michele C. Lukban, senior assistant state's attorney, in opposition.
The defendant's petitions for certification for appeal from the Appellate Court, 167 Conn.App. 744, 164 A.3d 9 (2016), and 173 Conn.App. 64, 164 A.3d 31 (2017), is granted, limited to the following questions:
"1. Under the Connecticut constitution, article first, §§ 8 and 9, are all juveniles entitled to a sentencing proceeding at which the court expressly considers the youth related factors required by the United States constitution for cases involving juveniles who have been sentenced to life imprisonment without the possibility of release? See Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) ?
"2. If the answer to the first question is in the affirmative and a sentencing court does not comply with the sentencing requirements under the Connecticut constitution, does parole eligibility under General Statutes § 54–125a (f) adequately remedy any state constitutional violation?"