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Jones v. Commonwealth
131385 Jones v. Commonwealth 02/02/2017 In review of a motion to vacate sentence, on remand from the United States Supreme Court, the argument that this defendant's life sentence was a mandatory life sentence …
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131385 Jones v. Commonwealth 02/02/2017 In review of a motion to vacate sentence, on remand from the United States Supreme Court,…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- February 2, 2017
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131385 Jones v. Commonwealth 02/02/2017 In review of a motion to vacate sentence, on remand from the United States Supreme Court, the argument that this defendant's life sentence was a mandatory life sentence in violation of Miller is rejected. The holding of the prior appeal in this matter that, under Virginia law, the trial court had the ability under Code § 19.2-303 to suspend part or all of the life sentence, and thus, the sentencing scheme applicable to the present movant's conviction was not a mandatory life without the possibility of parole scheme, is reaffirmed. In Virginia, a Miller violation can be addressed on direct review or in a habeas proceeding. Because the violation, if pro…
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